222 


ELECTION  LAWS 


S^laSioS'^of  ^^^-  ^^-     Reg'ular  meetings  of  the  Council  shall  be  held 

council.  on    the    first    Monday    after   the    election    of    Councilmen, 

and  thereafter  at  least  once  each  month.  The  Council 
shall  provide  'by  ordinance  for  the  time  for  holding  regu- 
lar meetings,  and  special  meetings  may  be  called  from 
time  to  time  by  the  Mayor  or  two  Councilmen.  All 
meetings  of  the  Council,  whether  regular  or  special,  at 
^  which  any  person  not  a  city  officer  is  admitted,  shall 
be  open  to  the  public. 

The  Mayor  shall  be  president  of  the  Council  and  shall 
preside  at  all  its  meetings  and  shall  supervise  all  de- 
partments of  the  city  and  report  and  recommend  ..to  the 
Council  for  its  action  all  matters  requiring  attention  in 
any  department.  The  Council  shall,  at  its  first  regular 
meeting,  select  one  of  its  members  for  vice  president 
of  the  Council,  and  in  -case  of  a  vacancy  in  the  ofiice 
of  Mayor,  or  the  absence  or  inability  of  the  Mayor,  ^  he 
shall    perform    the    duties    of    the    Mayor. 

Sec.   23.      Every   ordinance   or   resolution   appropriating 
money    or    ordering    any    street    improvement    or    sewer, 
or   making   or   authorizing   the    making   of   any    contract, 
franchSesf '  etc.  ^^'  granting  any  franchise  or  right  to  occupy  or  use  the 

streets,  highways,  bridges  or  public  places  in  the  city 
for  au}^  purpose,  shall  be  complete  in  the  form  in  which 
it  is  finally  passed,  and  remain  on  file  with  the  City  Clerk 
for  public  inspection  at  least  one  week  before  the  final 
passage  or  adoption  thereof.  No  franchise  or  right  to 
occupy  or  use  the  streets,  highways,  bridges  or  public 
places  in  any  such  city  shall  be  granted,  renewed  or  ex- 
tended, except  by  ordinance,  and  every  franchise  or  p^rant 
for  interurban  or  street  railways,  gas,  or  water  works, 
electric  light,  or  power  plant,  heating  plant,  telegraph 
or  telephone  systems,  or  other  public  service  utilities, 
or  renewal  or  extension  of  any  such  franchise  or  grant 
within  such  city,  must  be  authorized  or  approved  by  a 
majority  of  the  electors  voting  thereon  at  a  general  or 
special  election,  as  provided  in  Sections  3291,  3292  and 
3293,   Revised   Codes   of   Montana,    1907. 

Sec.  24.  No  officer  or  employe  elected  or  appointed 
empioyes^not  to  be  in  any  such  city  shall  be  interested,  directly  or  indirectly, 
cont7acf£    ^"^  in  any  contract  or  job  for  work  or  materials,  or  the  profits 


STATE    OF   MONTANA  223 

thereof,  or  materials,  supplies  or  services  to  ,be  furnished 
or  performed  for  the  city ;  and  no  such  officer  or  employe 
shall  be  interested,  directly  or  indirectly,  in  any  contract 
or  job  for  work  or  'materials  or  the  profits  thereof,  or 
services  to  be  furnished  or  performed  for  any  person, 
firm  or  corporation  operating  interurban  railway,  street 
railway,  gas  works,  water  works,  electric  light  or  power 
plant,  heating  plant,  telegraph  line,  telephone  exchange 
or  other  public  utility  within  the  territorial  limits  of  said 
city.  No  such  officer  or  employes  shall  accept  or  re-  certain  officers 
ceive,  directly  or  indirectly,  from  any  person,  firm  or  ?ra^nks?  frl^paLes, 
corporation  operating  within  the  territorial  limits  of  said  ^^^• 
city,  any  interurban  railway,  street  railway,  gas  works, 
water  works,  electric  light  or  power  plant,  heating  plant, 
telegraph  line,  or  telephone  exchange  or  other  business 
using  or  operating  under  a  public  franchise,  any  frank, 
free  pass,  free  ticket,  or  free  service,  or  accept  or  receive, 
directly  or  indirectly,  from  any  such  person,  firm  or  cor- 
poration, any  other  service  upon  terms  more  favorable 
than  is  granted  to  the  public  generally.  Any  violation  of 
the  provisions  of  this  section  shall  be  a  misdemeanor, 
and  every  such  contract  and  agreement  shall  be  void. 

Such  prohibition  of  free  transportation  shall  not  apply 
to  policemen  or  firemen  in  uniform ;  nor  shall  any  free 
service  to  the  city  officials  heretofore  provided  by  any 
franchise  or  ordinance  be  affected  by  this  section.  Any 
officer  or  employe  of  such  city  who,  by  solicitation  or  o^^^lrTlnd'^fm-^ 
otherwise,  shall  exert  his  influence,  directly  or  indirectly,  pioyes  prohibited, 
to  influence  other  offi'cers  or  employes  of  such  city  to 
adopt  his  political  views  or  to  favor  any  particular  person 
or  candidate  for  office,  or  who  shall  in  any  manner  con- 
tribute money,  labor,  or  other  valuable  thing  to  any 
person  for  election  purposes,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  punished  by  a  fine 
not  exceeding  three  hundred  dollars  or  by  imprisonment 
in  the   county  jail   not  exceeding  thirty  days. 

Sec.  25.     Immediately  after  organizing,  the  Council  shall 

,  ..  .     ,       1  /-"     -1     o  •  r-  •      •  Civil    service    com- 

by  ordinance   appoint  three   Civil   Service   Commissioners,  missioners, 
who  shall  hold  office,  one  until  the  first  Monday  in  April   tS-m'^'oroffict.''^ 
in  the   second  year,  one   until  the  first  Monday   in  April 
of   the    fourth   year,    and   one   until    the   first    Monday    in 


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ELECTION  LAWS 


OF  THE 


State  of  Montana 

WITH 

ANNOTATIONS 
1914 


:  ; •.  :r 

J  •  •  •  •    • 
••  .   .    •  •••••.  ;•»  :• :    /. 


Arranged  and  Compiled  from  Revised  Codes  of  Montana  and 
Session  Laws  of  1909,  1911  and  1913, 

Published  by  Authority 


To  the  Electors  of  the  State  of  Montana: 

Under  Section  607,  Revised  Codes  of  the  State  of 
Montana,  "it  is  the  duty  of  the  Secretary  of  State  to 
cause  to  be  pubHshed,  in  pamphlet  form,  a  sufficient 
number  of  copies  of  this  Title  [Title  II,  Part  III,  re- 
lating to  Elections],  and  such  other  provisions  of  law 
as  bear  upon  the  subject  of  elections,  and  to  transmit 
the  proper  number  to  each  County  Clerk,  whose  duty 
it  is  to  furnish  each  election  officer  in  his  county  with 
one  of  such  copies."  In  obedience  to  the  above  com- 
mand, I  have  caused  to  be  prepared  what  is  believed 
to  be  a  complete  com<pilation  of  all  laws  dealing  with 
state,  county,  city  and  school  district  elections  found  in 
the  Revised  Codes  of  1907,  and  amendments  thereto  as 
contained   in   the   Session    Laws   of    1909,    191 1    and    1913. 

A.    M.    ALDERSON, 
;- f  '<         ''^';  v.^'    :      Secretary  of  State. 


TABLE    OF    CONTENTS. 


Pag-es. 

Apportionme-nt  and  Representation   13^3 

Ballots   and   Voting 84 

Candi'dates — Certificates  of  Nomiination,  Etc 'j'j 

Canvassinig  and  Returning  tihe  Vote   iii 

Canvass  of  Returns 117 

Cities — GoverrLment   of    185 

Comimissi'on  Forlm  of  Government  for  Cities   ,  209 

Constitutioinal  Provisions  Relating  to  Elections 3 

Corrupt  Practices  Act 263 

Counties — Government  of   141 

County   Seats 165 

Crimes  Against  Elective  Francliise 296 

Direct  Primaries 32 

Electors  of  President  and  Vice  President    123 

Election  of  Members  of  Congress 125,  131 

Election  Precincts   70 

Election  Proclamations 65 

Initiative  and  Referendum   251 

Initiative  and  Referendum'  in  Cities 203 

Judges  of  Election 71 

Judicial  Districts  and  Officers 136 

Local   Option 181 

Miscellaneo/us   Provisions    67 

New    Counties 145 

Opening  and  Closing  of  Polls 75 

Po-ll    Books 75 

Preferential  Primaries  ifor   President   and  Vice  Presi- 
dent    61 

Primary  Elections 57 

Qualifications  and  Dlisabilities  of  Electors    68 

Registration  of  Electors 7 

Representative   Districts 134 

School   Electioais 235 

Time  of  Holding  Elections 65 

United  States  Senators — Nomination    127 

United  States   Senators — Election 131 

Voting   'Machines     , 97 

Womlan's  Siuffrage,  Constitutionial  Am;endimient   5 


278721 


w 


GENERAL  PROVISIONS  OF  THE  CONSTITUTION 

OF    MONTANA    RELATIVE    TO    RIGHT    OF 

SUFFRAGE    AND    QUALIFICATIONS 

TO    HOLD    OFFICE, 


ARTICLE    IX. 

Sec.  I.  All  elections  by  the  people  shall  be  by  ballot. 
Sec.  2.  Every  male  person  of  the  age  of  twenty-one 
years  or  over,  possessing  the  following  qualifications,  shall 
be  entitled  to  vote  at  all  general  elections  and  for  all 
officers  that  now  are,  or  hereafter  may  be,  elective  by  the 
people  and  upon  all  questions  which  may  be  submitted 
to  the  vote  of  the  people:  First,  he  shall  be  a  citizen 
of  the  Unite/d  States ;  second,  he  shall  have  resided  in  this 
State  one  year  immediately  preceding  the  election  at 
which  he  offers  to  vote,  and  in  the  town,  county  or 
precinct  such  time  as  may  be  prescribed  by  law ;  Provided,. 
first,  that  no  person  convicted  of  felony  shall  have  the 
right  to  vote  unless  he  has  been  pardoned;  Provided,. 
second,  that  nothing  herein  contained  shall  be  construed 
to  deprive  any  person  of  the  right  tO'  vote  who  has  such 
right  at  the  time  of  the  adoption  of  this  constitution; 
Provided,  that  after  the  expiration  of  five  years  from 
the  time  of  the  adoption  of  this  constitution  no  person 
except  citizens  of  the  United  States  shall  have  the  right 
to  vote.     (See  Proposed  Amendment,  p.  — .) 

Sec.  3.  For  the  purpose  of  voting  no  person  shall  be 
deemed  to  have  gained  or  lost  a  residence  by  reason  of 
his  presence  or  absence  while  employed  in  the  service 
of  the  State,  or  of  the  United  States,  nor  while  engaged 
in  the  navigation  of  the  waters  of  the  State,  or  of  the 
United  States,  nor  while  a  student  at  any  institution  of 
learning,  nor  while  kept  at  any  alms-house  or  other  asylum 
at  the  public  expense,  nor  while  confined  in  any  public 
prison. 

Sec.  4.  Electors  shall  in  all  cases,  except  treason,  felony 
or  breach  of  peace,  be  privileged  from  arrest  during 
their  attendance  at  elections  and  in  going  to  and  returning 
therefrom,. 


^. ;  >'  ^^  ;  :  :53tBCTJ.0Tsr   laws 

'  ■  Sec-  5.  No  elector  shall  be  obliged  to  perform  military 
duty  on  the  days  of  flection,  except, in  time  of  war  or 
public  danger.  ./■/.. 

Sec,  6.  No  soldier,  seaman  or  marine  in  the  army  or 
navy  of  the  United  States  shall  be  deemed  a  resident  of 
this  State  in  consequence  of  being  stationed  at  any  mili- 
tary or  naval  place  within   the  same. 

Sec.  7.  No  person  shall  be  elected  or  appointed  to  any 
office  in  this  State,  'civil  or  military,  who  is  not  a  citizen 
of  the  United  States,  and  who  shall  not  have  resided  in  this 
State  at  least  ome  year  next  before  his  election  or  appoint- 
ment. 

Sec.  8.  No  idiot  or  insane  person  shall  be  entitled 
to  vote  at  any  election  in  this  State. 

Sec.  9.  The  Legislative  Assembly  shall  have  the  power 
to  ipass  a  registration  and  such  other  laws  as  may  be 
necessary  to  secure  the  (purity  of  elections  and  guard 
against  abuses  of  the   elective  franchise. 

Sec.  10.  Women  shall  be  eligible  to  hold  the  office  of 
county  superintendent  of  schools  or  any  school  district 
office  and  shall  have  the  right  to  vote  at  any  school  dis- 
trict   election. 

Sec.  II.  Any  person  qualified  to  vote  at  general  elec- 
tions and  for  State  officers  in  this  State  shall  be  eligible 
to  any  office  therein  except  as  otherwise  provided  in  this 
constitution,  and  subject  to  such  additional  qualifications 
as  may  be  prescribed  by  the  Legislative  Assembly  for 
city  offices  and  offices  hereafter  created. 

Sec.  12.  Upon  all  questions  submitted  to  the  vote  of 
the  tax-payers  of  the  State,  or  any  political  division 
thereof,  women  who  are  tax-payers  and  possessed  of  the 
qualifications  for  the  right  of  suffrage  required  of  men 
by  this  constitution  shall  equally,  with  men,  have  the 
right   to   vote. 

Sec.  13.  In  all  elections  held  by  the  people  under  this 
constitution,  the  person  or  persons  who  shall  receive  the 
highest   number  of  legal   votes   shall   be   declared   elected. 


STATE     OF     MONTANA 

WOMAN'S    SUFFRAGE. 
(Amendment    to    Constitution.) 

A  Bill  for  an  Act  entitled:  "An  Act  for  the  submission 
to  the  qualified  electors  of  the  State  of  Montana  of 
an  amendment  to  Section  2  of  Article  IX  of  the  Con- 
stitution of  the  State  of  Montana  relating  to  rights 
of  suffrage  and   qualifications  to  hold  office." 

Be  it  enacted  J^y  the  Legislative  Assembly  of  the  State  of  Montana: 

Sec.  I.  That  Section  2  of  Article  IX  of  the  Constitu- 
tion of  the  State  of  Montana  be  amended  and  that  the 
question  of  such  amendment  be  submitted  to  the  qualified 
electors  of  the  State  of  Montana  at  the  next  general 
election. 

Sec.  2.  That  Section  2  of  Article  IX  of  the  Constitu- 
tion of  the  State  of  Montana  be  and  the  same  is  hereby 
amended   to   read  as   follows : 

Sec.  2.  Every  person  of  the  age  of  twenty-one  years 
or  over,  possessing  the  following  qualifications,  shall  be 
entitled  to  vote  at  all  general  elections  and  for  all  officers 
that  now  are,  or  hereafter  may  be,  elective  by  the  people  ^lectcSs^unSer  °^ 
and  upon  all  questions  which  may  be  submitted  to  the  amended  section. 
vote  of  the  people :  First,  he  shall  be  a  citizen  of  the 
United  States;  second,  he  shall  have  resided  in  this  State 
one.  year  immediately  preceding  the  election  at  which 
he  offers  to  vote,  and  in  the  town,  county  or  precinct 
such  time  as  may  be  prescribed  by  law;  Provided,  first, 
that  no  person  convicted  of  felony  shall  have  the  right 
to  vote  unless   he   has  been  pardoned ;  Provided,   second,  j 

that   nothing   herein   contained   shall   be  construed   to   de-  \ 

prive  any  person  of  the  right  to  vote  who  has  such  right 
at  the  time  of  the  adoption  of  this  constitution ;  Provided, 
that  after  the  expiration  of  five  years  from  the  time 
of  the  adoption  of  this  constitution,  no  person  except 
citizens  of  the  United  States  shall  have  the  right  to  vote. 

Sec.   3.     Separate   official   ballots   shall  be   used   at   the  Ballots  on  this 

.  .  amendment     to     be 

general    election    to  be    held    in    November,    1914,    which  separate, 
shall  have  printed  thereon  the  words:     "For  the  Amend- 
ment to  the   Constitution  relating  to  Rights  of   Suffrage 
and     Qualifications     to    hold     Office,"     and     the    words : 
"Against  the  Amendment  to  the  Constitution  relating  to  Form  of  ballots. 


ELECTION     LAWS 

Rights  of  Suffrage  and  Qualifications  to  hold  Office," 
and  the  elector  shall  designate  his  preference  for  either 
of  the  propositions  by  making  an  X  before  the  proposition 
desired. 

Sec.  4.  All  acts  and  parts  of  acts  in  conflict  herewith 
are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in  full  force 
after  its  passage  and  approval. 

(Approved  January  25,  1913;  Laws  1913,  Chapter  i.) 


STATE     OP     MONTANA 

REGISTRATION     OF     ELECTORS. 

(Act  Approved   March    12,    1913;    Laws    1913, 

Chapter  74,  6.   170.) 

Section     1.  County  Clerk  to  be  Registrar. 

2.  Establishment    of    Election    Preckiicts. 

3.  Changes    in    Precincts. 

4.  Changing  Wlard  Boundaries. 

5.  Duty    of    County    Surveyor. 

6.  Map   of    City   to   be    Prepared. 

7.  Mode    of    Registration. 

8.  Registration   Books    to   be   Furnished. 

9.  Form  of  Books. 

10.  Nature  of  Entries. 

11.  Oath    Subscribed    by    Elector. 

12.  Person  Not  Qualified  on  Day  of  Registration. 

13.  Registration    Affidavits    to    be    Preserved. 

14.  Arrangement   of    names    in    Register. 

15.  Where  to  Register. 

16.  Notaries  Public  May  Register. 

17.  Elector    Changing    Residence. 

18.  Closing   Registration   Books. 

19.  Cancellation    of    Entries. 

20.  Challenges — Duty    of    Judges. 

21.  Residence^How  Determined. 

22.  Naturalization    Papers — Production — Loss. 

23.  Precinct  Books — Preparation. 

24.  Printing    List — Copies. 

25.  Precinct    Book— Duty    of    County    Clerk. 

26.  Judges  of  Election — Duties. 

27.  County   Clerk    to   Mark   Electors   as    "Voted." 

28.  Further  Duties  of  County   Clerk. 

29.  Registry    Books — Copies — How    Paid    For. 

30.  Copies  of  Lists — Payment. 

31.  Refusal  of  City  or  School  District  to  Pay — Procedure 

32.  Compelling  Registry   of   Name. 

33.  Special    Elections — Books    Used. 

34.  Same — Duty    of    County    Clerk. 

35.  Registration  Necessary  to  Voting. 

36.  Power   of   Deputy    Clerk. 

37.  Neglect    of    Oificial    Duty — Penalty. 

38.  Chanllenges — Procedure. 

39.  Violations   of  Act— Penalty. 

40.  Clerical   Assistance   to    County    Clerk. 
41..  Registration   of  Women. 

42.  Bond   Elections. 

43.  Re-registration    Unnecessary. 

44.  Repealing  Clause. 

45.  Act    Takes    Effect— When. 


8  ELECTION     LAWS 

An  Act  to  amend  .Chapter   113  of  the  Laws  of   191 1   re- 
lating   to    the    Registration    of    Electors    in    Counties, 
Cities,    Towns    and    School    Districts. 
Sec.  I.     The  County  Clerk  of  each  county  of  the  State 
County  Clerk  to       ^'   Montana   is   hereby   declared   to  he    ex-Officio    County 
be  Registrar.  Registrar  of  each  county  and  shall  perform  all  acts  and 

duties  in  this  act  provided,  without  extra  pay  or  com- 
pensation therefor.  He  shall  have  the  custody  of  all 
registration  books  and  papers  herein  provided  for. 
Sec.  2.  The  Board  of  County  Commissioners  of  each 
Election  precincts  county  shall  establish  a  convenient  number  of  election 
how^lnd^wher?^*^'  prccincts  therein,  and  in  the  order  establishing  such  pre- 
cincts, the  boundaries  thereof  imust  be  defined  with  as 
much  accuracy  as  practicable.  The  Board  of  County 
Commissioners  in  establishing  election  precincts,  as  herein 
provided,  shall,  in  all  incorporated  cities  or  towns,  estab- 
lish such  precincts  in  conformity  with  the  boundaries 
of  the  ward  lines  of  the  wards  of  the  city  or  town  as 
established  by  the  City  Council  thereof;  Provided,  that 
the  Board  of  County  Commissioners  m^y  establish  two 
or  more  precincts  within  the  boundaries  of  any  one  ward. 
Sec.  3.  The  Board  of  County  Commissioners  or  Board 
cincts;  procedure,  of  School  Trustees  may,  at  any  meeting  of  said  Board  ot 
County  Comimissioners  or  School  Trustees,  change  the 
boundaries,  create  new  or  consolidate  established  pre- 
cincts; but  no  precinct  must  be  changed,  altered,  located 
or  established  between  the  first  day  of  January  and  the 
first  day  of  December  in  and  during  the  year  in  which 
a  general  election  is  or  may  be  held  within  the  State  of 
Montana,  such  changes,  alterations,  or  modifications  of 
precinct  boundaries  must  be  certified  to  the,  County  Clerk 
within  three  days  after  such  order  shall  have  Deen  made. 
All  election  precincts  shall  be  numbered  in  numerical 
order,  but  may  be  designated  by  a  name  in  addition  to 
such  number. 

Sec.  4.     The  City  Council  of  all  incorporated  cities  and 

Cities  and  towns,     towns   within  the   State   of   Montana  shall   certify   to   the 

b?und^i?fis.  ^^""^      County    Clerk    and    Ex-Offiicio    Registrar    of    the    county 

within  which  such  city  or  town  is  situated,  a  description 

by  metes   and  bounds  of  the   ward  lines  in  such  city  or 

town.     The  City  Council  of  any  city  or  town  may  change 


STATE     OP     MONTANA  9 

or  alter  the  ward  boundaries  of  any  ward,  but  any  ordi- 
nance changing  or  altering  the  ward  boundaries  of  any 
ward  must  be  finally  passed  in  the  period  between  the 
20th  day  of  November  and  'the  31st  day  of  December 
of  the  same  year.  The  City  Clerk  of  any  city  or  town 
shall  within  ten  days  after  any  city  or  town  may  have 
changed  or  altered  the  boundaries  of  any  ward  therein  . 
certify  to  the  County  Clerk  of  the  county  a  full  and  c6m- 
plete  description  of  the  changes  and  locations  in  said 
boundaries  of  said  wards. 

Sec.  5.  The  County  Surveyor  of  each  county  within 
the  State  of  Montana  must,  within  ten  days  after  the 
Board  of  County  Commissioners  or  Board  of  School 
Trustees  shall  have  established,  changed,  altered  or  modi-  Maps    to    be    pre- 

^11,  1      •  r  •       1      ^-  •       ^         -i-i--        J.I-       pared   by   county 

fied   the   boundaries   of   any   election   precinct   within   the  surveyor, 
county  or  any  school  district  thereof,  make,  prepare  and 
deliver  to  the  County  Clerk  of  the  county  a  map  correctly 
designating  and  showing  the  boundaries  of  every  election 
precinct  or  school  district  within  the  county. 

Sec.  6.  The  City  Council  of  any  city  or  town  within 
any  county  of  the  State  of  Montana  shall,  within  ten 
days  after  the  ward  lines  of  any  city  or  town  have  been 
established,  changed,  altered  or  modified,  cause  to  be 
prepared  and  delivered  to  the  County  Clerk  of  the  county  ,^        ^     ^ 

^      ^  -^  ^    -^     Maps     to    be    pre- 

in   which   the    city   or  town    is   situated    a    map    showing  pared  by  city 

,  ,         ,  ,      .  .      ,  ,       council. 

and  designating  correctly  the  boundaries  of  the  wards 
within  such  city  or  town ;  such  map  shall  also  have  desig- 
nated thereon  the  street,  avenue  or  alley  numbers  of  all 
streets,  avenues  or  alleys  showing  such  numbers,  at  the 
beginning  of  the  ward  boundaries  and  at  the  ending 
thereof. 

Sec.  7.  The  County  Clerk  and  Ex-Offiicio  Registrar  of 
each  county  shall  keep  and  enter  in  registers,  to  be  desig- 
nated as  precinct  registers,  the  names  of  the  qualified 
electors  in  the  respective  precincts  of  said  county.  The 
County  Clerk  shall  register  the  names  of  all  qualified  Sy^what^°hours!^^~ 
electors  at  his  office  and  not  elsewhere  between 
the  hours  of  nine  a.  m.  and  five  p.  m.  on  all  legal  days, 
in  the  manner  as  hereinafter  provided.  Such  general 
registration  of  all  voters  shall  be  required  but  once,  and 
any  person  once  registered  shall  thereafter,  so  long  as  he 


10 


ELECTION     LAWS 


Name    to    be   re- 
moved,   when. 


Form 
cate. 


of    certifi- 


remiains  a  qualified  elector  of  the  precinct  from  which 
he  registers,  shall  be  entitled  to  vote;  Pt-ovided,  the  names 
of  any  qualified  elector  who  shall  fail  to  vote  at  any- 
general  election,  shall,  by  the  County  Clerk,  in  the  man- 
ner hereinafter  provided,  be  removed  from  the  precinct 
register,  and  he  may  not  thereafter  vote  until  he  has 
again  registered.  During  the  period  oif  thirty  days  im- 
mediately preceding  any  general  or  special  election  and 
during  a  period  of  thirty  days  immediately  preceding 
any  primary  nominating,  municipal  or  school  election,  in 
school  districts  of  the  first  class,  such  registration  shall 
be  closed  and  no  person  during  the  period  herein  Sipecified 
immediately  preceding  any  general  or  special,  primary 
nomianting,  municipal  or  school  election  in  school  dis- 
tricts of  the  first  class  shall  be  permitted  to  register  for 
such  election.  The  County  Clerk  as  Ex-Officio  Registrar, 
m'ust  write  in  red  ink  on  the  line  below  the  last  entry 
on  each  page  of  the  precinct  registers  the  words,  "Closed 

on  account  of  election  to  be  held  on " 

The  County  Clerk,  upon  the  issuance  of  the  certificate 
herein  provided  for,  shall  make  note  thereof  on  the  pre- 
cinct register  of  the  precinct  in  which  the  elector  regis- 
tered, at  the  time  of  the  issuance  of  the  certificate  by 
legibly  stamping  opposite  elector's  name  as  it  appears 
on  said  precinct  register  the  words,  "Must  present  cer- 
tificate." The  said  certificate  shall  be  in  the  following 
form: 


ss. 


State    of    Montana, 

County   of 

This  is  to  certify  that   ,  whose 

name    appears    on    the    register   books    of    

County,   under  date   of    in    Precinct 

No ,   is  entitled  to  vote   in  any  precinct  in 

County,  upon  presentation   and 

surrender  of  this  certificate  to  the  Judges  of  Election, 
at  the  precinct  in  which  the  above  named  elector  desires 
to  vote. 

Witness  my  hand  and  seal  of 

County,  State  of  Montana,  this day  of , 

19...  

County  Clerk  and  Ex-Officio  Registrar. 


STATE     OF     MONTANA 


11 


and     form     of 


Sec.  8.  The  Board  of  County  Co-m-missioners,  School  Registration  books 
Trustees  in  school  districts  of  the  first  and  second  class,  ^^  ^®  furnished, 
and  the  City  Council  who  have  charge  and  control  of 
the  election  in  the  several  counties,  cities  and  towns, 
or  school  districts  of  the  first  class,  shall  provide  and 
furnish  to  the  County  Clerk  not  later  than  the  first  day 
of  January,  1915,  and  biennially  thereafter  for  each  elec- 
tion precinct  of  the  county,  city  or  school  district  of  the 
first  class,  registration  books  which  shall  be  of  sufficient 
strength  and  durability  for  the  temporary  registration 
provided  for.  Such  books  s'hall  be  of  convenient  size,  and 
shall  be  arranged  for  the  registration  of  the  names  in  size,  arrangement 
alphabetical  divisions,  each  alphabetical  division  to  be  books.^ 
composed  of  ruled  columns,  with  appropriate  headings, 
under  which  the  information  obtained  by  the  registry 
officer  concerning  the  proper  statements,  answers  and 
statements  made  by  each  elector  to  be  registered  in  com- 
pliance with  this  act,  shall  be  recorded.  Such  registration 
book  shall  be  in  substantially  the  samie  form  as  hereafter 
provided.  Such  registration  books  shall  be  so  arranged 
that  the  precincts  created  by  the  Board  of  County  Com- 
missioners shall  show  and  be  arranged  in  numerical 
order. 

Sec.  9.  Said  precinct  registers  and  all  registry  books 
furnished  for  precinct  or  ward  registers  shall  be  in  sut)- 
stantially  the  following  form: 

Offiicial  Register  of  Electors  of   Precinct, 

County,  Montana 


NUMBER 

DATE 

VOTED 

NAME  IN  FULL 

Form     of    Registry 
Books. 


OCCUPATION 

AGE 

HEIGHT 

NATIVITY 

Naturalized,  when  and  where   Residence, 


12  ELECTION     LAWS 

giving  street  No or  Sec.  and  Twp. 


Postoffice  Address    Length   of  Time   in 

School  District  State,  County  or  City 


City  Ward    Physical   Disa'bilities 

Number    If    Any    


Remarks 


Sec.  lo.  The  County  Clerk  as  Ex-Ofificio  County  Regis- 
rar  must  enter,  on  the  precinct  registers  hereinbefore 
provided  for,  under  the  proper  heading,  the  number  and 
date  of  the  registration,  the  name  in  full,  the  occupation. 
Nature  of  entries,  ^he  age,  height  and  nativity  of  the  elector  and  when  the 
person  so  registered  is  o;f  foreign  birth,  the  fact  of  the 
exhibition  of,  or  failure  to  exhibit,  his  certificate  of 
naturalization  or  a  certified  copy  thereof  must  be  noted 
in  the  column,  provided  for  that  purpose,  a  particular 
description  of  the  house,  building  or  room  in  which  he 
resides,  such  as  will  enable  a  person  of  common  intelli- 
gence to  find  the  same  without  difficulty,  the  postoffice 
address  of  the  elector,  the  length  of  time  the  elector  has 
resided  within  the  state,  county,  city  or  school  district 
within  which  the  elector  resides,  the  number  of  the  ward 
of  the  city  within  which  the  elector  resides,  any  physical 
disabilities  that  the  elector  may  have  must  be  noted  in 
the  column  provided  for  that  purpose,  which  lists  properly 
entered  as  in  this  section  provided,  is  to  be  known  as  the 
"precinct  registers"  of  the  electors  of  the  respective  elec- 
tion precincts.  If  any  person  fails  or  refuses  to  give 
answer  in  any  particular,  as  may  be  required  by  question 
of  the  county  clerk,  he  must  not  be  registered. 

Sec.  II.  Every  person  applying  to  'be  registered  m^ust, 
before  he  is  entitled  to  have  his  name  registered,  take 
and   subscribe   the   following  oath   or   affirmation,   if   able 


STATE     OF     MONTANA  13 

to  do  so,  and  if  not,  the  Clerk  or  deputy  shall  write  the  mti?t°''sublfribf  ^^ 
applicant's    name   and    note    the   fact    of   his    inability    to  °^^^- 
subscribe    same,    which    must    be    administered    by    the 
County  Clerk   as   Ex-Officio   County   Registrar,   except   as 
herein    otherwise   provided: 

Oath  of  Elector. 

State  of  Montana,        / 

County  of ^  \ 

No 

I,    the    undersigned    elector,     do    solemnly    swear     (or 
affirm)    that   my  name   and   signature   as   signed  below   is  ^°^"^   °^   °^^^- 
my   true    name    and    signature ;    that     my     full     name     is 

;   occupation    ; 

my   age    is    years ;    that    my   height   is    

feet inches ;  that  I  was  born  in  ; 

that  I  was  naturalized  (when)   at ; 

that    my   residence   is   No street,    or 

upon   Section . ,   Township    ,   N.   R. 

West ;    my  postoffiice   address   is 

;  length  of  time  in  State   

years ;   that   I    reside   in   School    District   No , 

City   Ward   No ,   Precinct    No ,   and 

that  I  am  able  to  mark  my  ballot  (or  I  am  unable  to 
mark   my   ballot   by    reason   of   being   physically   disabled 

in  the   following  particulars    )  ; 

that  I  am  a  citizen  of  the  United  States ;  that  I  have 
resided  within  the  State  of  Montana  for  a  period  of 
at     least    one    year    last    past     and     in     the     Coiunty    of  | 

more  than  thirty  days  last 

past,  and  in  the  City  of   for  a  period 

of  at  least  six  months  last  past  immediately  preceding 
this  election ;  that  I  am  not  registered  elsewhere  within 
i-jie  State  oif  Montana,  so  help  me  God,  under  the  pains 
and  penalties  of  perjury. 

Subscribed  and  sworn  to  before  me  this day 

of  ,  I9-.- 


County  Clerk  and  Ex-OfEcio  County  Registrar. 

By ■•••• 


14  ELECTION     LAWS 

Sec.  12.     If  any  applioant  for  registration  applies  to  be 
registered  who  has  not  resided  within  the  State  of  Mon- 
tana, or  the  county  or  city  in  [for]  the  required  length  of 
time,   and   who   shall   be    entitled   to   and   is    qualified    to 
Person    not    quaii-  register   on    or   before   ithe   day   of   election,    provided    he 
?egist?ation—    °^      answers   the   questions   of   the    County    Clerk   in   a   satis- 
procedure.  factory  manner  and  it  is  made  to  appear  to  the   County 

Clerk  that  he  will  be  entitled  to  become  a  qualified  elector 
by  the  time  upon  which  the  election  is  to  be  held,  the 
County  Clerk  shall  accept  such  registration  and  enter 
the  elector's  name  in  the  precinct  registers.  If  any  person 
applies  to  be  registered  who  is  not  a  citizen  of  the  United 
States  but  states  that  he  will  be  qualified  to  be  registered 
as  a  citizen  of  the  United  States  before  the  time  upon 
which  the  election  is  to  be  held,  the  County  Clerk  shall 
accept  such  registration,  but  shall  write  opposite  the 
name  of  such  person  the  words,  "To  be  challenged  for 
want  of  naturalization  papers,'  'and  such  person  shall 
not  be  entitled  to  vote  unless  he  exhibits  to  the  judges 
of  election  his  final  naturalization  papers. 

Sec.   13.     The  County  Clerk  of  each  county  shall  keep 

and    preserve,    in    the    manner    hereinafter    provided,    all 

affidavits  as  provide'd   for  in   Section   11  of  this   act,   and 

Registration    affi-    shall  number  them  in  numerical  order,  according  to   the 

davits    to    be    pre-      .  .  ,  .   ,        ,  .  .  t         tt         i     n     i 

served.  time  m  which   the   person   is   registered.     He   shall   have 

all  affidavits  signed  by  any  elector  who  has  registered, 
bound  together  in  book  form  in  volumes  containing  affi- 
davit of  electors  to  the  number  of  two  hundred,  and 
bound  volumes  of  affidavits  shall  be  kept  and  preserved 
'  by  the  County  Clerk  as  public  records,  and  the  affidavits 

contained  therein  shall  be  accepted  by  all  courts  of  the 
State  of  Montana  as  conclusive  proof  that  the  electors 
signing  such  affidavits  made  the  statements  in  said  affi- 
davits. 

Sec.    14.     When   electors    make   the   affidavits   provided 

nameT'^^''^  ""^  foi"  i"  this  act,  the  County  Clerk  shall  arrange  in  the 
precinct  registers,  the  school  district  registers  in  school 
districts  of  the  first  class,  and  the  registers  for  the 
precincts  of  any  city  or  town  the  names  alphabetically 
according  to  surnames  in  the  separate  precinct  registers 
for  county,  city,  town  or  school  precincts  in  school  dis- 


STATE     OF     MONTANA  15 

trkts  of  the  first  class,  but  the  same  numiber  given  the 
elector  in  the  precinct  registers  shall  be  given  him  in 
each  of  the  several  separate  registry  books. 

Sec.  15.  Every  elector  residing  within  the  county  may 
be  registered  by  personally  appearing  at  the  Clerk's  office 
and  complying  with  the  provisions  of  this  act,  but  if  any 
elector  entitled  to  register,  and  who  resides  more  than 
ten  miles  distant  from  the  court  house  of  said  county.  Where  elector  may 
or  if  said  elector  is  unable,  for  any  reason,  ito  conveniently 
register  as  aforesaid,  he  may  register,  without  charge, 
before  a  Notary  Public  or  a  Justice  of  the  Peace  of  the 
county  in  which  he  resides,  by  making  out,  or  having 
made  out  in  his  presence,  one  of  the  affidavits  provided 
for  in  Section  11  of  this  act. 

Sec.  16.  The  County  Clerk  shall,  upon  application  sup- 
ply any  Justice  of  the  Peace  or  Notary  Public  with  a 
sufficient  number  of  blank  affidavits  as  provided  for  in  Duties  and  com- 
this  act,  free  of  charge ;  each  Justice  of  the  Peace  or  uces^of^^the  Pea^eT 
Notary  Public  who  shall  register  electors  shall,  at  the 
time  he  administers  oath  to  the  elector,  enter  their 
names  in  the  record  book  kept  by  him  for  that  purpose, 
in  alphabetical  order,  according  to  surname  and  the 
date  of  application  for  registration.  He  shall  not  charge 
the  elector  anything,  but  he  shall  be  entitled  to  receive 
from  the  county  the  sum  of  twenty-five  cents  for  each 
elector  so  registered  by  him,  whose  affidavit  has  been 
duly  filed  with  the  county  clerk.  After  each  general  and 
special  election,  the  County  Commissioners  shall  audit 
such   bills    and   order   payment   in    accordance    therewith.  . 

The    County   Clerk   upon  receipt  of  the   affidavit  of   any  / 

elector,  made  out  in  proper  form  and  in  the  manner  re- 
quired by  this  act,  from  any  Justice  of  the  Peace  or 
Notary  Public,  shall  forthwith  enter  upon  the  proper 
precinct  register  the  facts  contained  in  such  affidavit. 
The  County  Clerk  shall  file  such  affidavit  of  registration 
and  give  it  the  proper  numerical  number  to  which  it  is 
entitled,  and  such  affidavit  shall  be  kept  and  preserved 
by  the  County  Clerk  in  the  same  manner  as  all  other 
affidavits  of  electors  who  may  have  made  application  to 
register.  The  Justice  of  the  Peace  or  Notary  Public 
who   registers   an   elector  as   hereinbefore   provided   must 


16 


ELECTION     LAWS 


Elector  changing 
residence — proced- 
ure. 


Affidavit. 


cause  the  affidavit  of  the  elector  to  be  delivered,  or  mailed., 
postage  (prepaid,  to  the  County  Clerk  within  five  days 
after  the  elector  makes  the  affidavit,  and  if  any  Notary 
Public  or  Justice  of  the  Peace  shall  fail  so  ito  deliver  or 
mail  the  said  affidavit  to  the  County  Clerk  as  herein  re- 
quired, he  shall  be  liable  upon  his  official  bond  to  the  said 
elector  in  a  penal  sum  of  one  hundred  dollars  to  be  re- 
covered by  the  elector  in  an  action  in  the  district  court. 
,  Sec.  17.  Every  elector  on  changing  his  residence  after 
registering  may,  writhin  the  time  for  registering,  cause 
his  former  registration  to  be  cancelled  by  a  request  in 
writing  to  the  County  Clerk  where  he  is  registered,  which 
request  in  writing  shall  be  accompanied  by  an  affidavit 
of  the  eledtor  in  the  following  form: 


State  of  Montana, 
County  of   


ss. 


I,  the  undersigned  elector,  do  solemnly  swear  (or 
affirm)  that  my  name  and  signature,  as  signed  below, 
is  my  true  name  and  signature.     If  I  have  not  personally 

signed,   it   is   for  the  following   reason :    

and   it  was   signed 

by   request   by  the   attesting  officer.     That   while   a   resi- 
dent of  Precinct,  in   County, 

Montana,  I  registered,  but  on day  of , 

19..,    I   moved   my   residence   to   Section    , 

Township   ,  Range  ,  County, 

Montana,  or  if  in  a  city  or  town  to  No street, 

in  the  City  of   .' ;  I  occupy  room  No. 

of  the   floor ;  that  at  the  time  of 

making    my    original    registration    I    was    at    the    age    of 

years  and   stated  the  fact  to  be  that   I   was   born 

in    ,    and    that    I    was    naturalized 

and   became   a   citizen  of  the   United   States  by    

;    that    my    height    was     feet 

and   inches   I  therefore  request  the  cancel- 
lation of  my  registration  in  said  precinct,  in   

County,    Montana,    and   that   I   be   registered   to    conform 
to  my  present  address. 


Elector. 


STATE     OP     MONTANA  17 

Subscribed  and  sworn  to  before  me  this   day  of 

,    19..,  Justice   of  the   Peace   in   and   for 

the    County   of    ,    or    Notary    Public 

for  the  State  of  Montana,  residing  at   . 

My   commission    expires    

Such  affidavit  shall  he  filed  with  the  County  Clerk  where 
the  elector  was  registered.  The  County  Clerk  shall  com- 
pare the  signature  of  the  elector  with  the  signature  upon   Duty    of    clerk    in 

^,  „  ,       .       -  ,  .  .  1  •    1        1  1  ,        cancelling     regis- 

tne  amdavit  tor  the  registration  which  the  elector  seeks  tration. 
to  have  cancelled,  and  if  the  County  Clerk  is  satisfied 
of  the  genuineness  of  the  affidavit  for  cancellation,  he 
shall  file  the  said  affidavit  and  request,  and  page  the  same 
with  the  precinct  registers  of  the  county,  city  or  school 
districts  of  the  first  class  in  red  ink,  drawing  a  line 
throug'h  the  elector's  name  and  writing  ''cancelled"  and 
the  number  of  the  page  where  the  affidavit  and  the  re- 
quest is  found,  and  attest  the  cancellation  by  signing  his 
own  signature.  Thereupon  the  elector  may  be  re-regis- 
tered in  the  same  manner  as  if  he  were  making  an  original 
registration.  If  any  elector  who,  having  previously  been  re-registered, 
registered  as  provided  in  this  act,  remove  from  said 
county  to  another  county  in  the  State  of  Montana,  he 
shall  file  with  the  County  Clerk  of  the  county  to  which 
he  has  moved  and  wherein  he  then  resides  two  affidavits, 
made  in  duplicate  and  in  the  form  provided  in  this  sec- 
tion. Upon  the  filing  by  the  elector  of  such  affidavits  in 
duplicate,  together  with  the  affidavit  required  by  Section 
II  of  this  act,  the  registration  of  such  elector  in  the 
county   wherein   he   has   previously   been    registered    shall  / 

be  deemed  cancelled  and  such  elector  shall  thereafter  be  ' 

entitled  to  be  registered  in  'the  county  where  he  then 
resides.  Upon  filing  the  duplicate  affi'davits,  as  required 
in  Section  17  of  this  act,  with  the  County  Clerk  of  the 
county  wherein  such  elector  then  resides,  'the  said  County 
Clerk  shall  forthwith,  and  not  more  than  two  days  there- 
after, transmit  to  the  County  Clerk  of  the  county  wherein 
such  elector  was  previously  registered,  one  of  the  dupli- 
cate affidavits  for  cancellation  of  the  previous  registration 
of  said  elector.  Upon  the  receipt  of  such  duplicate  affi- 
davit of  the  elector  as  in  this  section  provided,  the  County 
Clerk  shall  thereupon  cancel  the  registration  o<f  the  elector   registration!  °^  °^ 


18  ELECTION     LAWS 

ill  the  proper  precinct  registers  of  said  county,  in  the 
manner  and  as  provided  for  the  cancellation  of  electors 
in  this  act. 

Sec.    i8.      All    electors    residing   in   the   town    or    incor- 
Eiectors   must  ap-  porated    cities    which    is    the    county    seat,    or    who    reside 

pear    personally.  -.i  •        ,  •,  ^    ji  i  ^         . 

Within  ten  miles  o-f  the  court  house  of  said  county  and 
where  the  County  Clerk  has  his  office,  shall  personally 
appear  in  the  Clerk's  office  and  comply  with  the  pro- 
visions of  this  section  in  order  to  be  registered.  The 
County  Clerk  shall  close  all  books  of  registration  for  the 
full  period  of  thirty  days  prior  to  and  before  any  general 
election,  and  for  the  full  period  of  thirty  days  immedi- 
ately preceding  any  primary  nominating  election  and  for 
Registration  books  the  full  period  of  thirty  days  immicdiately  preceding  any 
city,  town  or  municipal  election,  or  municipal  election, 
or  municipal  primary  election,  or  school  district  election, 
and  in  red  ink  write  on  the  line  below  where  the  last 
elector   registered,   "Closed   on   account  of  election   to  be 

held  on    "      He   shall 

then,  immediately,  in  the  index  pages  in  the  precinct 
registers,  opposite  the  name  of  each  precinct,  in  writing 
certify  the  number  of  electors  registered  in  each  precinct 
and  sign  his  name  and  title,  and  fix  the  seal  of  the  county 
thereto,  and  he  shall  immediately  transmit  to  the  Secre- 
tary of  State  a  certificate  showing  the  numiber  of  voters 
registered  in  each  precinct  in  said  county;  he  shall  like- 
wise close  the  books  of  the  precinct  registers  of  each  pre- 
cinct, or  the  precinct  books  for  each  municipal  corpora- 
tion, or  the  precinct  books  of  each,  school  district,  and 
certify  in  each  of  the  precinct  registers  the  total  number 
of  electors  registered  in  each  precinct,  and  not  cancelled, 
and  sign  the  same  with  his  official  title  and  affix  the 
seal  of  the  co*unty  thereto.  Whenever  the  period  during 
which  said  book  is  to  remain  closed  preceding  any  pri- 
mary, municipal  or  school  election,  shall  occur  'during  the 
saiTiiC  period  within  which  any  elector  would  'be  entitled 
to  register,  to  vote  at  a  general  or  special  election,  said 
books  shall  be  closed  only  insofar  as  the  registration  of 
electors  for  the  particular  election  to  be  held.  Any 
elector  offering  to  register  who  will  not  be  entitled  to 
vote   at   the   particular   election   for  which   said   books   of 


STATE     OF     MONTANA  19 

registration  are  closed  shall  not  be  entitled  to  register. 
The  County  Clerk  of  each  county  must  cause  to  be  pub-  publication  of  no- 
lished  in  each  newspaper  publication  within  his  county  Jeg1st?ition°%'J5ks. 
for  thirty  (30)  days  before  which  time  when  such  registry 
books  shall  be  closed  for  any  general  or  special  election, 
primary  or  nominating  election,  city,  town  or  municipal 
election,  or  municipal  primary  election,  or  school  election, 
a  notice  signed  by  him  to  the  effect  that  such  registry 
book  shall  be  closed  on  the  day  provided  by  law,  and 
which  day  shall  be  specified  in  such  notice;  and  must 
also  state  that  electors  may  register  for  the  ensuing  elec- 
tion by  appearing  before  the  County  Clerk  at  his  office,  ^°^""^  ''°"'^^- 
or  by  appearing  before  a  Justice  of  the  Peace,  or  Notary 
Public  in  the  manner  provided  hy  law.  The  publication 
of  such  notice  must  continue  for  the  full  period  of  thirty 
days. 

The  County  Clerk  must  at  least  thirty  (30)  days  before 
the  time  when  such  registration  books  shall  be  closed 
for  any  general  or  special  election,  primary  nominating 
election,  city,  town  or  municipal  election,  or  municipal  cancellations  to  be 
primary  election,  or  school  election,  cause  to  l^e  posted  in  ^^^^'  ^^^"• 
not  less  than  three  (3)  conspicuous  places  of  such  pre- 
cinct in  his  county,  notice  of  such  publication,  notice 
O'f  which  shall  be  kept  posted  until  the  registration  book 
shall  be  closed  for  the  ensuing  election. 

Sec.  19.  The  County  Clerk  of  each  county  must  cancel 
the  entry  made  in  the  precinct  registers  in  all  precinct 
registers  in   the   following  cases: 

1.  At  the  request  of  the  party  registered. 

2.  When  he  knows  of  the  death  or  removal  of  the  per- 
son registered  from  the  county  or  when  at  any  time 
it  shall  be  made  to  appear,  by  the  affidavits  of  two  credit- 
able and  responsible,  duly  registered  and  qualified  electors 
of  ihe  county,  that  any  registered  person  is  dead  or  per- 
manenth'  removed  from  the  county,  which  said  affidavits 
shall  be  placed  on  file  by  the  County  Clerk. 

3.  When  the  insanity  of  the  person  registered  is  legally 
established. 

4.  Upon  the  production  of  a  certified  copy  of  the  judg- 
ment of  conviction  of  any  elector  of  any  felony,  in  full 
force   against  the   person   registered,   or   upon   information 


20 


ELECTION     LAWS 


Manner    of    cancel- 
lation. 


Challenges,      filed 
where   and  when. 


of   such    conviction    obtained    as    hereinafter    provided. 

5.  Upon  the  production  of  a  certified  copy  of  the  ]ud^- 
ment  of  any  court  directing-  the  cancellation  to  be  made. 

6.  In  all  other  cases  in  the  manner  provided  by  the 
fiovisions  of  this  act. 

All  cancellation  on  precinct  registers,  made  in  accord- 
ance with  and  under  the  provisions  of  this  act,  by  the 
Ccunty  Clerk  and  Ex-Offiicio  Registrar,  shall  be  made 
by  drawing  a  line  through  and  across  the  entry  of  regis- 
tration to  be  cancelled  and  the  County  Clerk  shall  enter 
the  date  and  cause,  upon,  the  precinct  registers  and  such 
cancelled  name  shall  not  appear  in  the  printed  list  of 
registered  voters,  or  in  the  certified  copy  of  the  list  of 
registered  voters  to  be  furnished  to  the  judges  of  election. 

Sec.  20.  At  any  time  not  later  than  the  fifth  day  prior 
to  any  general  or  special  city  or  town,  school  district  or 
primary  nominating  election,  a  challenge  may  be  filed 
with  t)ie  County  Clerk,  signed  by  a  qualified  elector,  in 
writing,  and  duly  verified  by  the  afiidavit  of  the  elector, 
that  the  elector  designated  therein  is  not  entitled  to  regis- 
icr.  Such  affidavit  shall  state  the  grounds  of  challenge, 
objection  and  disqualification.  The  County  Clerk  shall 
file  the  affidavit  of  challenge  in  his  office  as  a  record 
thereof.  The  County  Clerk  must  deliver  a  true  and  cor- 
rect copy  of  any  and  all  of  such  affidavits  so  filed,  chal- 
lenging the  right  of  any  elector  to  vote  who  has  been 
so  registered  at  the  same  time,  and  together  with  the 
copy  of  the  precinct  registers  and  check  lists,  and  other 
papers  required  by  this  act  to  be  delivered  to  the  judges 
of  election,  as  in  this  act  provided,  and  he  must  write 
distinctly  opposite  to  'the  name  of  any  person  to  whose 
qualification  as  an  elector  objections  may  be  thus  made, 
the  words.  'To  be  challenged."  It  shall  be  the  duty  of 
?iectionf  ^^^^^^  °^  the  judges  of  elf^rtinn,  if  on  election  day,  such  person 
who  has  been  objectea  and  challenged  applies  to  vote, 
to  .  test,  under  oath,  his  qualifications.  Notwithstanding 
the  elector  is  registered,  his  right  to  vote  may  be  chal- 
lenged on  the  day  of  election  by  any  qualified  registered 
elector,  orally  stating,  to  the  judges  of  election,  the 
grounds  of  silch  objection  or  challenge  to  the  right  of 
any    registered    elector   to   vote. 


STATE     OF     MONTANA  21 

I't  is  the  duty  ^of  the  judges  of  election  when  it  appears 
that  any  elector  offers  to  vote  and  is  either  challenged 
by  a  duly  qualified  registered  elector,  on  election  day, 
or  if  an  affidavit  of  O'bjection  to  the  right  of  such  elector 
to  vote  has  been  filed  with  the  County  Clerk  and  the 
copy  of  the  precinct  registers  furnished  to  the  judges 
of  election  have  endorsed  thereon,  opposite  to  the  name 
of  such  elector:  "To  be  challenged,"  to  test  the  qualifi- 
ca'ti'ons  of  the  elector  and  ask  any  questions  that  such 
judges  may  deem  proper,  and  shall  compare  the  answers 
of  the  elector  to  such  questions  with  the  entries  in  the  • 
precinct  register  books,  and  if  it  be  found  that  said  elector 
is  disqualified,  or  that  the  answers  given  by  such  elector, 
to  the  questions  propounded  by  the  judges,  do  not  cor- 
respond to.  the  entry  in  the  precinct  registers,  or  that 
said  elector  is  disqualified  from  any  cause  under  the  law,  when  person  shall 
or  if  he  refuses  to  take  an  oath  as  to  his  qualifications,  fo^JJl  ^^""""^"^^ 
he  shall  not  be  permitted  to  vote.  The  judges  of  election, 
in  their  discretion,  may  require  such  elector  to  produce 
before  them  one  or  more  freeholders  of  the  county,  and 
they  niay  deem  necessary,  amd  have  them  examined  under 
oath,  as  to  the  qualifications  of  the  elector. 

Sec.  21.  For  the  purpose  of  registration  or  voting,  the 
place  of  residence  of  any  person  must  be  governed  by 
the  following  rules  as  far  as  they  are  applicable:  Residence,    how  ' 

1.  That  place,  must  be  considered  and  held  to  be  the  determined. 
residence  of  a  person  in  which  his  habitation  is  fixed,  and 

to  which,  whenever  he  is  absent,  he  has  the  intention  of 

returning.  / 

2.  A  person  must  not  be  held  to  have  gained  or  lost  •  ( 
a   residence  by   reason   of   his   presence   or   absence   while 

employed  in  the  service  of  the  United  States,  or  of  this 
State,  nor  while  a  student  at  any  institutiom  of  learning, 
nor  while  kept  at  any  alms  house  or  other  asylum  at 
the  public  expense,  nor  while  confined  in  any  public 
prison,  nor  while  residing  on  any  Indian  or  military 
reservation. 

3.  No  soldier,  seaman  or  marine  in  the  army  or  navy 

of  the    United   States   shall  he   deemed  a  resident   of  this   e?c^'^'''    ^^^'^^'"' 
State   in   consequence   of  being  stationed   at   any   military 
or  naval  place   within   the  same. 


22  ELECTION     LAWS 

4.  A  person  must  not  be  considered  to  have  lost  his 
residence  who  leaves  his.  home  to  go  into  another  state, 
or  other  district  of  this  state,  for  temporary  purposes 
merely  with  the  intention  of  returning,  iprovided  he  has 
not  exercised  the  right  of  the  election  franchise  in  said 
state  or  district. 

5.  A  person  must  not  be  considered  tO'  have  gained 
a  residence  in  any  county  into  which  he  co'mes  for  tem- 
porary purposes  merely  without  the  intention  of  making 
such   county  his  home. 

6.  If  a  person  removes  to  another  State  with  the  in- 
tention of  making  it  his  residence,  he  loses  his  residence 
in   this  State. 

7.  If  a  person  removes  to  another  state  with  the  in- 
tention of  remaining  there  for  an  indefinite  time,  and  as  a 
place  of  present  residence,  he  loses  his  residence  in  this 
State,  notwithstanding  he  entertains  an  intention  of  re- 
turning   at    some    future    period. 

8.  The  place  where  a  man's  family  resides  is  presumed 
his  place  of  residence,  but  any  man  who  takes  up  or 
continues  his  abode  with  the  intention  of  remaining,  or 
a  place  other  than  where  his  family  resides,  must  be 
regarded  as  a  resident  of  the  place  where  he  so  abides. 

9.  A  change  of  residence  can  only  be  made  by  the 
act  of  removal  jointed  with  the  intent  to  remain  in  another 
place.  There  can  only  be  one  residnce.  A  residence  can- 
no't   be   lost   until   another  -  is   gained. 

10.  The  term  of  residence  must  be  computed,  by  in- 
cluding the  day  on  which  the  person's  residence  com- 
mences and  by  excluding  the  day  of  the   election. 

11.  Any  person  living  upon  an  Indian  or  military 
Indian  or  military  reservation  shall  not  be  deemed  to  be  a  resident  of  Mon- 
reservations.              tano,    within    the    meaning    of    this    chapter,    unless    such 

■person  has  acquired  a  residence  in  some  county  in  Mon- 
tana prior  to  taking  up  his  residence  upon  such  Indian 
or  military  reservation.  Provided,  that  if  such  person 
shall  not  be  in  the  employ  oi  the  government  while  resid- 
ing upon  such  Indian  or  military  reservation,  such  person 
shall  not  be  considered  a  resident  of  the  State  of  Mon- 
tana. 


STATE     OF     MONTANA  23 

Sec.  22.  When  a  naturalized  citizen  applies  for  regis- 
tration his  certificate  of  naturalization  or  a  certified  copy  Naturalization 
thereof  must  be  produced  and  stamped,  or  written  in  ink  Kfs^^^etc^^°^"^^^°^' 
by  the  registry  agent  with  such  registry  agent's  name 
and  the  3^ear  and  day  and  county  where  presented,  but 
if  it  satisfactorily  appears  to  the  registry  agent,  by  the 
affidavit  of  the  applicant  (and  the  affidavit  of  one  or  more 
creditable  electors  as  to  the  credibility  of  such  applicant 
when  deemed  necessary),  that  his  certificate  of  naturaliza- 
tion or  a  certified  copy  thereof  is  lost  or  destroyed  or 
beyond  the  reach  of  the  applicant  for  the  time  being,  said 
registry  agent  must  register  the  name  of  said  applicant, 
unless  he  is  by  law  otherwise  disqualified ;  but  in  case 
of  failure  to  produce  the  certificate  of  naturalization  or  a 
certified  copy  thereof,  the  registry  agent  must  propound 
the   following   questions : 

1.  In  what  year  did  you  come  to  the  United  States. 

2.  In  what  State  or  Territory,  county,  court  and  year 
were  you  finally  admitted  to  citizenship? 

3.  Where  did  you  last  see  your  certificate  of  naturaliza- 
tion, or  a  certified  copy  thereof? 

The  said  affidavit  must  be  retained  by  the  registry  agent 
and  returned  with  the  register  to  the  Coiunty  Clerk.  No 
person  shall  be  required  to  exhibit  his  naturalization 
papers  or  make  said  affidavit  a  second  time,  where  he  has 
been  a  continuous  resident  of  the  district  and  where  his 
name  is  upon  the  official  register  in  the  possession  of  the 
registry  agent. 

vSec.  23.  During  the  time  intervening  between  the  clos- 
ing  of  any   registration    of   electors    and   the    day    of   the  I 

.  1        .  ,      ^  /-I      1  r    11       Preparation     of 

next  ensumg  election,  each  County  Clerk  must  careiully  precinct  books.  ' 
copy  from  the  offiicial  register  into  suitable  books,  two 
for  each  election  precinct  within  his  district,  the  names 
of  the  electors  registered  for  such  election  precinct  alpha- 
betically arranged,  entering  opposite  each  name  the  num- 
ber it  bears  on  the  offiicial  register,  together  with  the 
words  requiring  challenges  and  all  other  entries  therein 
found  opposite  the  name. 

Sec.  24.  The  County  Clerk  shall  at  least  ten  days  pre- 
ceding any  general  or  special  city  or  town  election,  or 
school    district   election   in   districts   of   the   first   class,    or 


24.  ELECTION     LAWS 

Printing   a  list   of   pj-imarv   nominatiri'or   election,    cause   to   be    printed    a    list 
•electors,    copies.  t'  j  j->  -  r 

of  all  electors  entitled  to  be  registered  and  who  are  on 
the  precinct  registers  as  entitled  to  vote  in  the  several 
precincts  of  such  county,  city  or  tov^n,  or  school  district 
of  the  first  class.  Such  printed  list  of  registered  electors 
shall  contain  the  name  Oif  the  elector  in  full,  together 
with  his  residence  and  the  registry  number.  The  expense 
of  printing  said  list  shall  be  paid  by  the  said  county,  city, 
town  or  school  district  in  which  the  election  is  to  be  held. 
The  County  Clerk  shall  cause  to  be  posted,  not  less  than 
eight  days  before  any  such  election  as  in  this  act  provided 
for,  at  least  five  copies  of  such  printed  registry  lists  in 
at  least  five  conspicuous  places  within  the  said  precinct, 
a  copy  of  the  Mist  of  registered  voters,  and  shall  retain  a 
sufficient  number  of  said  printed  lists  of  registered  voters 
'  in  his  office  as  may  be  necessary.  He  shall  furnish  to 
any  qualified  elector  of  the  city,  town,  school  district  or 
cotmty,  applying  therefor,  a  copy  of  the  same. 

Sec.  25.  The  Co'unty  Clerk  shall  not  less  than  five 
days  preceding  any  said  town  or  city  election,  transmit 
Precinct  registra-  to  the  City  or  Town  Clerk  two  certified  copies  of  the 
ni°shed^^by°  cierk!^"  p^ecinct  register  for  each  precinct  contained  in  any  city 
or  town,  which  certified  copies  of  sard  precinct  registra- 
tion shall  be  the  official  register  for  such  city  or  town 
election,  and  not  less  than  five  days  preceding  any  school 
district  election,  in  school  districts  of  the  first  class,  the 
County  Clerk  shall  transmit  to  the  'clerk  of  the  school 
board  of  such  sdhool  district  of  the  first  class  one  copy 
of  the  precinct  register,  for  each  precinct  contained  in  the 
said  school  district.  The  City  or  Town  Clerk,  or  clerk 
of  the  school  board  of  any  school  district  of  the  first 
class,  shall  deliver  to  the  judges  of  election  of  each  pre- 
cinct the  certified  copies  of  such  registration  for  such 
precinct  as  herein  provided  for,  and  as  certified  to  them 
by  the  County  Clerk.  The  County  Clerk  at  least  two 
days  before  any  general,  special  or  primary  no^minating 
election,  shall  deliver  to  one  of  the  judges  of  election 
of  the  precinct  within  which  such  general  or  special,  or 
primary  nominating  election  is  to  be  held,  two  certified 
copies  of  the  electors  registered  and  entitled  to  vote  in 
s:rch  precincts. 


STATE     OF     MONTANA  25 

Sec.  26.  The  judges  of  election  in  each  precinct,  at 
every  general  or  special  election,  shall,  in  the  precinct 
register  book,  which  shall  be  certified  to  them  hy  the 
County  Clerk,  mark  a  cross  (X)  upon  the  line  opposite  JJ^^election.  ^^^^^^ 
to  the  name  of  the  elector.  Before  any  elector  is  per- 
mitted to  vote  the  judges  of  election  shall  require  the 
elector  to  sign  his  name  upon  one  of  the  precinct  register 
books,  designated  by  the  County  Clerk  for  that  purpose, 
and  in  a  column  reserved  in  the  said  precinct  books  for 
the  signature  of  electors.  If  the  elector  is  not  able  to 
sign  his  name  he  shall  be  required  by  the  judges  to  pro- 
duce twio  freeholders  who  shall  make  an  affidavit  before 
the  judges  of  election,  or  one  of  them,  in  substantially 
the   following  form: 

State  of  Montana,  ( 

County  of  f  ^^• 

We,  the  undersigned  witnesses,  do  swear  that  our  names 
and   signatures   are   genuine,   and   that   we   are   each   per-  ' 

sonally  acquainted  with    

(the  name  of  the  elector)   and  that  we  knbw  that  he  is 

residing  at ,  and 

that   we   believe  that   he   is   entitled   to   vote   at  this   elec- 
tion,   and    that    we    are    each    freeholders    in    the    county,  , 
which     affidavit     shall    be    filed    by    the    judges,     and     re- 
turned by  them  to  the  County  Clerk,  with  the  return  of 
the    election;    one    of   the    judges    shall    thereupon    write 
the   elector's   name,  and   note  the   fact  of  his   inability  to 
sign,  and  the  names  of  the  two  freeholders  who  made  the  / 
affidavit  herein   provided  for.      If   the   elector   fails  or   re-                                 I 
fuses   to   sign   his   name,   and   if   unable   to   write  fails   to 
procure   two   freeholders    who  will   take   the    oath    herein 
provided,   he   shall   not  be   allowed   to   vote.     The   judges ' 
of  election  shall  immediately  after  the  election   and  can- 
vass   of   returns   of   said   election,    deliver    to   the   County 
Clerk  one   copy   of  the   official   precinct   register,   and   the 
other  copy  of  said  official  precinct  register  to  the  County 
Clerk,   sealed,   with   the   election   returns   and   poll   books, 
which  have  been  used  at  said  general  or  special  election, 
and   said  judges   of   election   shall   deliver   to   the    County 
Clerk  said   official   precinct   register  not   later   than  seven 


26 


ELECTION     LAWS 


County    clerk    to 
mark    names    of 
persons     as 
"voted." 


Further    duties    of 
clerk   as    to    pre- 
cinct   registers. 


days  after  any  general  or  special  election  held  within  the 
State   of   Montana. 

Sec.  27.  The  County  Clerk,  as  soon  as  ipracticable  after 
every  general  or  special  election,  and  not  later  than  the 
31st  day  of  December  thereafter,  shall  mark  in  the  pre- 
cinct register,  opposite  to  the  name  of  each  elector  regis- 
tered therein,  in  the  proper  precinct,  with  a  cross  (X) 
in  the  column  under  the  word  "Voted,"  opposite  to  the 
name  of  such  elector,  as  such  electors  may  he  shown  to 
have  voted  by  the  offijicial  precinct  register,  delivered  by 
and  returned  to^  the  Co'unty  Clerk,  by  the  judges  of  elec- 
tibn   for   each   precinct  within   the   county. 

Sec.  28.  The  County  Clerk  of  each  county  shall,  be- 
tween the  1st  and  20th  day  of  January,  1915,  and  bi- 
ennially thereafter,  copy  into  the  precinct  register  for 
the  preceding  two  years,  which  are  upon  such  precinct 
register  for  the  preceding  two  years,  and  which  said 
names  of  electors  shall  have  voted  at  the  general  election 
in  November,  1914,  and  biennially  thereafter.  The  County 
Clerk  shall  n'ot  enter  upon  the  precinct  register  the  name 
of  any  elector  which  may  have  been  entered  upon  the 
precinct  register  for  the  preceding  two  years  which  shall 
have  been  cancelled  for  any  cause,  or  which  does  not  show 
that  the  elector  voted  and  exercised  the  privilege  of  fran- 
chise in  the  general  or  special  November  election  pre- 
cedin'g  it.  The  County  Clerk  shall,  at  the  same  time, 
make  and  enter  into  the  precinct  registers  for  the  several 
precincts  in  the  county,  school  district  and  cities  or  towns, 
situate  within  said  county,  the  names  of  the  electors  as 
shown  by  the  official  register,  as  residing  within  such 
precincts.  The  precinct  register  shall  be  closed  and  no 
person  shall  be  entitled  to  register  between  the  first 
day  of  January,  191 5,  and  the  20th  day  of  January,  191 5, 
inclusive,  but  said  iprecinct  register  shall  be  closed  for 
all  purposes  except  for  the  purpose  of  transferring  the 
names  to  the  precinct  registers  of  the  several  precincts. 
The  precinct  registers  herein  provided  for,  in  the  year 
1915,  and  biennially  thereafter,  shall  constitute  and  be  the 
O'ffiicial  register  for  the  ensuing  two  years.  The  County 
Clerk  shall  enter  into  the  precinct  registers  the  names 
of  all  electors  entitled  thereto,  in   addition  to  the   names 


STATE     OP     MONTANA  27 

entered   into   the   said   precinct   register,   and    taken    from 
the  precinct  register  of  the  preceding  two   years. 

Sec.  29.  The  County  Clerk  of  the  county  shall  receive, 
for  the  use  and  benefit  of  the  county,  from  every  city  precinct  registers, 
or  town,  and  from  every  school  district,  for  making  and  ^^"^  "^^^^  ^°^' 
preparing  the  copies  of  the  precinct  registers,  the  sum 
of  two  cents  for  each  and  every  name  entered  therein. 
The  cost  of  furnishing  lists  and  cost  of  publications  an- 
nouncing of  the  closing  of  the  precinct  registers  for  city 
and  school  electio-ns  shall  be  paid  by  the  city  and  school 
districts.  The  City  or  Town  Council  or  Board  of  School 
Trustees  shall  order  a  warrant  drawn  for  such  sum  as 
may  be  due  for  such  copies  of  the  offiicial  precinct  regis- 
ter, to  be  used  in  city  or  school  election  within  thirty 
days  after  the  presentation  to  them  of  a  bill  or  account 
showing  the  amount  due  from  the  County   Clerk. 

Sec.  ^o.     The  County  Clerk  shall  furnish  to  anv  person   Copies    of    lists, 

•^  "        r      1        cleric    to    furnish, 

or  persons  who  in  writing  may  request  a  copy  of  the  when, 
official  precinct  registers  of  any  county,  city  or  school 
district  precinct,  and  upon  delivery  thereof  s'hall  charge 
and  collect  for  the  use  and  'benefit  of  the  county  the 
sum  of  two  cents  for  each  and  every  name  entered  in 
such   official    precinct   register. 

Sec.  31.  The  County  Clerk  shall,  if  the  city  or  Council 
or  Board  of  School  Trustees  fail,  negkct  or  refuse  to 
furnish  the  proper  number  of  precinct  registers  for  pre-  ^lerk  to  procure 
cincts  within  the  city  or  town  or  school  district,  procure  how^^paid^To^!' 
precinct  registers  therefor,  and  the  cost  thereof  shall  be 
a  charge  against  the  city  or  school  district  and  shall  be 
paid  for  by  the  City  Council  or  Board  of  School  Trustees, 
in  the  same  manner  as  is  provided  for  copies  of  the 
official  precinct  registers. 

Sec.   32.     In   any   action   or   proceeding  instituted   in   a 
District  Court  to  compel  the  County  Clerk  to  make  and   to^^elisTel^  ^name, 
enter  the  name  of  any  elector  in  the  precinct  register,  as   ^^^^^  ^^' 
many   persons    may   be   joined   as   plaintiffs    for   cause   of 
action  and  as  many  persons  as  there  are  causes  of  action 
against,  may  be  joined  as  defendants. 

Sec.  33.     At  any  special   election  held  for  any  purpose 
in    any    county,    copy    of    the    offiicial    register    and    check    books  used. 
list  which  were  printed  or  written  before  and  used  at  the 


28 


ELECTION     LAWS 


Special  elections 
duty  of  county 
clerk. 


Persons    not    reg- 
istered   cannot 
vote. 


last  preceding  general  election  must  be  used  and  no  new 
registration  need  be  made.  (Held  inoperative  in  the  case 
of  State  ex  rel.  Kehoe  v.  Stromme,  decided  by  the  Su- 
preme   Court   on    February    i6,    1914.) 

Sec.  34.  Before  the  day  on  which  such  special  election 
is  appointed  to  be  held,  the  County  Clerk  m-ust  furnish 
one  of  the  judges  in  each  election  precinct,  at  a  time 
not  later  than  one  day  next  preceding  the  day  of  election, 
a  copy  of  the  official  register  and  dheck  list  for  his  pre- 
cinct, but  no   copies   need  be  posted. 

Sec.  35.  No  person  shall  be  entitled  to  vote  at  any 
election  mentioned  in  this  act  unless  his  name  shall,  on 
the  day  of  election,  appear  in  the  copy  of  the  official 
precinct  register  or  check  list,  furnished  by  the  County 
Clerk  to  the  judges  of  election,  at  the  precinct  at  which 
he  offers  to  vote ;  and  the  fact  that  his  name  so  appears 
in  the  check  list  and  in  the  copy  of  the  official  precinct 
register,  in  the  ipossession  of  the  judges  of  election,  shall 
be  prima  facie  evidence  of  his  right  to  vote;  Provided, 
that  when  the  judges  shall  have  good  reason  to  believe, 
or  when  they  shall  be  informed  by  a  qualified  elector 
that  the  person  offering  to  vote  is  not  the  person  who 
Proving  identity,  was  SO  registered  in  that  name,  the  vote  of  such  person 
shall  not  be  received  until  he  shall  have  proved  his 
identity  as  the  person  who  was  registered  in  that  name. 


''An  Act  to  amend  Section  35  of  Chapter  113  of  the 
Session  Laws  o'f  191 1  of  the  State  of  Montana,  relating 
to  the  Registration  of  Electors  and  providing  that 
Electors  otherwise  qualified  shall  not  be  required  to 
register  in  order  to  vote  at  School  Elections  in  School 
Districts   of   the    Third    Class. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Montana: 

Persons  not  regis-  Section  I.  No  person  shall  be  entitled  to  vote  at  any 
tered  cannot .  vote,  gie^tion  mentioned  in  this  act,  except  as- hereinafter  pro- 
vided, unless  his  name  shall,  on  the  day  of  election,  appear 
in  the  copy  of  the  official  register  or  check  list,  furnished 
by  the  County  Clerk  to  the  judges  of  election,  at  the  pre- 
cinct at  which  he  offers  to  vote;  and  the  fact  that  his 
name  so  appears  in  the  check  list  and  in  the  copy  of  the 


STATE     OF     MONTANA  29 

offiicial  register,  in  the  possession  of  the  judges  of  elec- 
tion, shall  be  prima  facie  evidence  of  his  right  to  vote. 
Provided,  that  when  the  judges  shall  have  good  reason 
to  believe,  or  when  they  shall  be  informed  by  a  qualified 
elector  that  the  person  offering  to  vote  is  not  the  person 
who  was  so  registered  in  that  name,  the  vote  of  such 
person  shall  not  be  received  until  he  shall  have  proved 
his  identity  as  the  person  who  was  registered  in  that 
name,  and  it  heing  expressly  provided  that  any  elector 
otherwise  qualified  shall  not  be  required  to  register  in 
order  to  vote  at  a  school  election,  general  or  specini.  m 
a  school  district  of  the  third  class;  and  that  no  'CO|.y  of  Registration  not 
the  official  register  or  check  list  shall  be  furnished  by  the  schSor^e]e?tiT)*?s^  fn 
County  Clerk  to  the  judges  of  election  of  any  school  tmrT ciaL's^"'*'  °^ 
election  that  may  hereafter  be  held  in  this  State  in  any 
school  district  of  the  third  class.  (Approved  February 
14,  1913;  Laws  1913,  Chapter  19,  p.  19.)] 

Sec.  36. — Wherever  in  this  act  the  word  "County  Clerk" 
appears,    it    shall   be    construed   as    extending   and   giving  clerk. 
authority    to    any    regularly    appointed    Deputy    County 
Clerk. 

Sec.  2)7'  Any  person  or  persons  or  any  offiicer  of  any 
county,   city   or   town   or   school   district,   who,   under   the  ^^    ,    ,     ^     «.  .  , 

-''-'.  .  '  Neglect    of    official 

provisions  of  this  act,  are  required  to  perform  any  duty,  duty,  penalty, 
who  shall  wilfully  or  knowingly  fail,  refuse  or  neglect 
to  perform  such  -duty,  or  to  comply  with  the  provisions 
of  this  act,  shall,  upon  conviction,  be  fined  in  a  sum  of 
not  less  than  three  hundred  dollars  ($300.00),  nor  more 
than  one  thousand  dollars  ($1,000.00)  or  by  imprisonment 
in  the  county  jail  for  a  period  of  not  less  than  three 
months  and  no  more  than  one  year.  U'pon  the  conviction 
of  any  officer  of  the  violation  of  the  provisions  of  this 
act,  the  Judge  of  the  District  Court  hearing  such  proceed- 
ing shall,  at  the  time  of  rendering  judgment  of  conviction, 
include  in  such  order  of  conviction,  an  order  of  the  court 
that   such   ofiicer  he   removed   from   offiice. 

Sec.  38.  If  any  -person  offering  to  vote  at  any  primary 
election  be  challenged  by  a  judge  or  any  qualified  elector 
at  said  election,  as  to  his  right  to  vote  thereat,  an  oath 
shall  be  administered  to  him  by  one  of  the  judges   that  Challenges,     pro- 

CGdur©     rGiGction 

he   will   truly   answer   all   questions   touching  his   right  to 


ELECTION     LAWS 


place 
or, 


misdemean- 


Violations     of     act 
penalties. 


vote  at  such  election,  aii'd  if  he  refuse  to  answer  any 
question  which  may  be  put  to  him  touching  his  right  to 
vote  at  such  election,  or  if  it  appear  that  he  is  not  a 
qualified  voter  under  the  provisions  of  this  act,  his  vote 
SfouiS?  poiung^  ^^  ^^^^^  ^^  rejected;  and  if  any  person  whose  vote  shall  be 
so  rejected  shall  ofifer  to  vote  at  the  same  election,  at 
any  of  the  polling  places,  he  shall  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  39.  Any  person  who  shall  make  false  answer, 
either  for  himself  or  another,  or  shall  violate  or  attempt 
to  violate  any  o-f  the  provisions  of  this  act,  or  knowingly 
encourage  another  to  violate  the  same,  or  any  public 
offi'cer  or  officers  or  other  persons  upon  whom  any  duty 
is  imposed  'by  this  act,  or  any  of  its  provisions,  who  shall 
v/ilfully  neglect  such  duty,  or  shall  wilfully  perform  it 
in  such  way  as  to  hinder  the  objects  and  purposes  of  this 
act,  shall,  excepting  where  some  penalty  is  provided  by 
the  terms  of  this  act,  be  deemed  guilty  of  a  felony,  and 
upon  conviction  thereof  shall  be  punished  by  imprison- 
ment in  the  State  prison  for  a  period  of  not  less  than 
one  year  or  more  than  fourteen  years,  and  if  such  person 
be  a  public  officer,  shall  also  forfeit  his  office. 

Sec.  40.  It  shall  be  the  'duty  of  the  Board  of  County 
'Co'm'missioners  of  each  county  to  provide  the  County 
Clerk  thereof  with  sufficient  help  to  enable  him  to  prop- 
erly perform  the  duties  imposed  upon  him  by  this  act. 

Sec.  41.  The  names  of  women  shall  not  be  registered 
in  any  precinct  register  which  is  to  be  used  at  an  election 
at  which  women  are  not  entitled  to  vote,  and  the  names 
of  women  who  have  been  regularly  registered  shall  be 
•carried  forward  into  the  new  registration  books,  unless 
the  said  women  fail  to  vote  at  an  election  at  which  wo'men 
are   entitled   to   vote. 

Sec.  42.  The  provisions  of  this  act  shall  apply  to 
bond  elections  in  school  districts  of  the  first  and  second 
class.  Provided,  that  any  elector  of  the  district  who  has 
already  registered  as  provided  for  in  this  act  for  any 
general  or  municipal  election  shall  not  be  required  to  re- 
register for  •  said  bond   election. 

Sec.  43.  Nothing  herein  contained  shall  be  construed 
as    requiring    any    person    who    has    heretofore    registered 


Assistance    to 
clerks. 


Registration    of 
women. 


Bond    elections. 


STATE     OF     MONTANA  31 


in  any  county  under  the  provisions  of  Section  7,  Chapter 
113,    Laws   of   Montana   of   191 1,   to   re-register. 

Sec.  44.  All  acts  or  parts  of  acts  and  all  aniiendments 
thereto  in  conflict  herewith  are  hereby  repealed. 

Sec.  45.  This  act  shall  he  in  full  force  and  effect  from 
and   after  its  passage  and  approval  by  the   Governor. 


32  ELECTION     LAWS 


DIRECT    PRIMARIES. 

A  Bill  to  Propose  by  Initiative  Petition  a  Law  to  Provide 

for  Party  Nominations  by  Direct  Vote. 

Section     1.  Construction   of  Law. 

2.  Time    for    Holding    Primaries. 

3.  Election    Notice. 

4.  Law   Applicable   to    Cities   and   Towns. 

5.  Counting    Ballots. 

6.  Canvass   of  Votes. 

7.  Ballot  Boxes  to  be   Locked   and    Sealed. 

8.  Party  Nominations — How   Made. 

9.  Filing  of   Petitions   for  Nominations. 

10.  Form  of    Petition. 

11.  Signatures    Required    on    Petition. 

12.  Qualifications    of    Signers. 

13.  Time    for    Filing    Petitions. 

14.  "Register   of   Candidates"   to   be   Kept. 

15.  Papers,    etc..    Open    to    Inspection. 

16.  Death   or   Withdrawal   of    Candidate. 

17.  Duty   of    Secretary    of    State. 

18.  Duty  of  County   and   City   Clerks. 

19.  Printing    of    Ballots. 

20.  Form   of  Ballots. 

21.  Sample    Ballots. 

22.  United    States   Senators. 

23.  Canvass    of    Returns. 

24.  Duty  of   County   Clerk  After   Canvass. 

25.  Correction    of   Errors. 

26.  Late   Returns — Duty  of  Secretary. 

27.  Official    Misconduct — Penalty. 

28.  Notice  of  Contest. 

29.  Contest — How    Heard. 

30.  Same — Statutes    Applicable. 

31.  Same — How    Tried. 

32.  Powers    of    Central    Committees. 

33.  Violation  of  Act — Penalty. 
.      34.  Party  Platforms. 

35.  Penalty    for    Bribery. 

36.  Penalties. 

37.  Penalties. 

38.  General  Election  Laws — Applicable. 

39.  Repealing    Clause. 

Be  It  Enacted  by  the  People  of  the  State  of  Montana: 

Sec.   I.  Whenever  the  provisions  of  this  law  in  opera- 
tion prove  to  be  of  doubtful  or  uncertain  meaning,  or  not      ; 
suffiiciently  explicit  in   directions  and   details,   the   general 


STATE  OF  MONTANA  33 

laws  of  Montana,  and  especially  the  election  and  re'gistra-  Construction  of 
tion  laws,  and  the  customs,  practice,  usage  and  forms 
thereunder,  in  the  same  circumstances  or  under  like  con- 
ditions, s'hall  be  followed  in  the  construction  and  operation 
of  this  law,  to  the  end  that  the  protection  of  the  spirit  and 
intention  of  said  laws  shall  be  extended  so  far  as  possible 
to  all  primary  elections,  and  especially  to  all  primary 
nominating  elections  provided  for  by  this  law.  If  this 
proposed  law  shall  be  approved  and  enacted  by  the  peo- 
ple of  Montana,  the  title  of  thfs  bill  shall  stand  as  the 
title  of  the  law. 

Sec.  2.  On  the  seventieth  (70)  day  preceding  any  gen- 
eral election  (not  including  special  elections  to  fill  va- 
cancies, municipal  elections  in  towns  and  cities,  irrigation  priSfarfes^.  ^° '^^'^^ 
district  and  school  elections)  at  which  public  officers  in 
this  state  and  in  any  district  or  county  are  to  be  elected, 
a  primary  no^minating  election  shall  be  held  in  accordance 
with  this  law  in  the  several  election  precincts  comprised 
within  the  territory  for  which  such  officers  are  to  be  elected 
at  the  ensuing  election,  which  shall  be  known  as  the 
primary  nominating  election,  for  the  purpose  of  choosing 
candidates  by  the  political  parties,  subject  to  the  pro- 
visions of  this  law,  for  Senator  in  Congress,  and  all  other 
elective  state,  district  and  county  officers,  and  delegates 
to  any  constitutional  convention  or  conventions  that  may 
hereafter  be  called,  who  are  to  be  chosen  at  the  ensuing 
election  wholly  by  electors  within  this  Sta,te,  or  any  sub- 
division of  this  State,  and  also  for  choosing  and  electing 
county  central  committeemen  by  the  several  parties  sub- 
ject   to   the   provisions    of   this   law. 

Sec.  3.  It  shall  be  the  duty  of  the  County  Clerk,  thirty 
days  before  any  primary  nominating  election,  to  prepare 
printed  notices  of  such  election,  and  mail  two-  of  said 
notices  to  each  ju'dge  and  clerk  of  election  in  each  pre-  -^^^^  ^^  county 
cinct;  and  it  shall  be  the  duty  of  the  several  judges  and  ^lerk. 
clerks  immediateJy  to  post  said  notice  in  piublic  places 
in  their  respective  precincts.  Said  notices  shall  be  sub- 
stantially in  the  following  form: 

Primary   Nominating   Election  Notice. 

Notice  is  hereby  given  that  on ,  the   ....   day 

.  1  •         1        -r.        •  r    Notice    of    primary 

of ,  19.  .,  at  the   ,  m  the  Frecmct  01  elections. 


34 


ELECTION  LAWS 


Law    applicable 
cities  and  towns, 


to 


Duties 
clerks. 


of   city 


,  in  the  County  of ,  Montana, 

a  primary  nominating  election  will  be  held  at  which  the 
(insert  names  of  political  parties  subject  to  this  law) 
will  choose  their  candidates  for  state,  district,  county, 
precinct  and  other  offices,  namely  (here  name  the  offices 
to  be  filled,  including-  a  Senator  in  Congress  when  the 
next  Legislative  Assembly  is  to  elect  a  Senator,  delegates 
to  any  constitutional  convention  then  called,  and  candi- 
dates for  county  central  committeemen  to  be  elected)  ; 
which  election  will  be  held  at  12  o'clock,  noon,  and  will 
continue  until  7  o'clock  in  the  afternoon  of  said  day. 

Dated  this   day  of   ,   19.  . . . 

,   County  Clerk. 

Sec.  4.  The  nomination  of  candidates  for  municipal 
offices  by  the  political  parties  subject  to  the  provisions 
of  this  law .  shall  be  governed  by  this  law  in  all  incor- 
porated towns  and  cities  of  this  State  having  a  population 
of  two  thousand  and  upward  as  shown  by  the  last  pre- 
ceding national  or  state  census.  All  petitions  by  the 
members  of  such  political  parties  for  placing  the  names 
of  candidates  for  nomination  for  such  municipal  offices 
on- the  primary  nominating  ballots  of  the  several  political 
parties  shall  be  filed  with  the  City  Clerk  of  said  several 
towns  and  cities,  and  it  shall  be  the  duty  of  such  officers  to 
prepare  and  issue  notices  of  election  for  such  primary 
nominating  elections  in  like  manner  as  the  several  county 
clerks  perform  similar  duties  for  nominations  by  such 
political  parties  for  county  offices  at  primary  nominating 
elections.  The  duties  imposed  by  this  law  on  the  County 
Clerk  at  primary  nominating  elections  are  hereby,  as  to 
said  towns  and  cities,  designated  to  be  the  duties  of  the 
City»Clerk  of  said  towns  and  cities  as  to  primary  nomi- 
nating elections  of  the  political  parties  subject  to  the 
provisions  of  this  law.  Provided,  that  in  cities  and  towns 
the  primary  nominating  election  shall  be  held  on  the 
fourteenth  day  preceding  their  municipal  elections.  Under 
the  provisions  of  this  law  the  lawfully  constituted  legis- 
lative and  executive  authorities  of  cities  and  towns  within 
the  provisions  of  this  section  shall  have  such  power  and 
authority  over  the  establishment  of  municipal  voting  pre- 
cincts and  wards,  municipal  boards  of  judges   and  clerks 


STATE    OF    MONTANA  35 

of  election  and  other  officers  of  their  said  municipal  elec- 
tions, and  other  matters  pertaining  to  municipal  primary- 
nominating-  elections  required  for  such  cities  and  towns 
by  this  law,  that  such  legislative  and  executive  authori- 
ties have  over  the  same  matters  at  their  municipal  elec- 
tions for  choosing  the  public  officers  of  said  cities  and 
towns.  , 

Sec.  5.  Immediately  after  the  closing  of  the  polls  at  a 
primary  nominating  election,  the  clerks  and  judges  of  ^^^^^^^^^  ballots, 
election  shall  open  the  ballot  boxes  at  each  polling  place 
ai?d  proceed  to  take  there fro-m  the  ballots.  Said  officers 
shall  count  the  number  of  ballots  cast  by  each  political 
party,  at  the  same  time  bunching  the  tickets  cast  for 
each  political  party  together  in  separate  piles,  and  shall 
^,hen  fasten  each  pile  separately  by  means  of  a  brass  clip, . 
or  may  use  any  means  which  shall  effectually  fasten  each  ' 

pile  together  at  the  top  of  each  ticket.  As  soon  as  the 
clerks  and  judges  have  sorted  and  fastened  together  the 
ballots  separately  for  each  political  party,  then  they  shall 
take  the  tally  sheets  provided  by  the  County  Clerk  and 
shall  count  all  the  ballots  for  each  political  party  sep- 
arately until  the  count  is  completed,  and  shall  certify  to 
the  number  of  votes  for  each  candidate  for  nomination 
for  each  office  upon  the  ticket  of  each  party.  They  shall 
then  place  the  counted  ballots  in  the  box.  After  all  have 
been  counted  and  certified  to  by  the  clerks  and  judges 
they  shall  seal  the  returns  for  each  of  said  political  parties 
in  separate  envelopes,  to  be  returned  to  the  County  Clerk. 

Sec.  6.  Tally  sheets  for  each  political  party  having 
candidates  to  be  voted  for  at  said  primary  nominating 
election  shall  be  furnished  for  each  voting  precinct  by  the 
County  Clerk,  at  the  same  time  and  in  the  same  manner 
tliat  the  ballots  are  furnished  and  shall  be  substantially  f^J^^'*^"^ 
as  follows : 

"Tally    sheet    of    the   primary    nominating    election    for 

(name  of  political  party)  held  at 

Precinct,  in  the  County  of ,  on  the 

day  of   ,   19.  .." 

Ihe  names  of  the  candidates  shall  he  placed  on  the 
tally  sheets  .and  numbered  in  the  order  in  which  they 
appear  on   the   offiicial   and   sample  ballots,   and   in    each 


'dQ 


ELECTION  LAWS 


case   shall   have   the   proper   political   party   desig-nated   at 
the  head  thereof. 

The  following  shall  be  the  form  of  the  tally  sheets  kept 
by  the  judges  and  clerks  of  the  primary  nominating  elec- 
tion under  this  law,  containing  the  number  and  name  of 
each  person  voted  for,  the  particular  office  for  noiminatioji 
to  which  each  person  was  voted  for,  the  total  number 
of  votes  cast  for  each  candidate  for  nomination.  The 
tally  or  count  as  it  is  kept  by  each  of  the  clerks  shall 
be  audibly  announced  as  it  proceeds  and  shall  'be  kept 
in  the  manner  and  form  as  follows : 


No. 

Name  of 
Candidate 

Office 

Total   vote 
received 

No. 

Tally  5 

No. 

Tally  10 

No. 

Tally  15 

12 

12 
18 
14 

12 
13 
14 

12 

13 
14 

13 

The  columns  for  the  numbers  I2,  13,  14,  etc.,  shall  not 
be  over  three-eighths  of  an  inch  wide.  The  column  for 
the  tallies  shall  be  three-eighths  of  an  inch  wide,  the  lines 
shall  be  three-eighths  of  an  inch  apart;  every  ten  lines 
the  captions  of  the  columns  shall  be  reprinted  between 
doiuble-ruled  lines  in  bold-faced  sm;all  pica,  and  all  figures 
shall  be  printed  in  bold-faced  small  pica.  The  tally  sheets 
shall   conclude   with   the   following  form   of  certificate : 

We  hereby  certify  that  at  the  above  primary  nominating 
election  and  polling  place  each  of  the  foregoing  named 
persons  received  the  number  of  votes  set  opposite  his 
name,  as  above  set  forth,  for  the  nomination  for  the  office 
specified. 

,  Chairman.  ,  Clerk 

(Who   kept   this    sheet.) 

,   Judge  ,   Clerk. 

,   Judge  ,   Clerk. 

(Who   kept   the   other   sheet.) 

During  the  counting  of  the  ballots  eadh  clerk  shall,  with 

pen  and  ink,  keep  tally  upon  one  of  the  above  tally  sheets, 

of    each    political    party,    and    shall    total    the    number    of 

tallies  and  write  the  total  in  ink  immediately  to  the  right 

Canvass  of  votes,     of    the    last    tallies   for    each    candidate,    and    also    in    the 


STATE    OF    MONTANA  37 

columns  headed  ''Total  vote,"  and  shall  prepare  the  cer- 
tificate thereto  aboive  indicated;  and  imimediately  upon 
the  completion  of  the  count,  all  the  clerks  shall  sign  the 
tally  sheets,  and  each  of  them  shall  certify  which  sheets 
were  kept  by  him;  and  the  chairman  and  the  judges, 
being  satisfied  of  the  correctness  of  the  same,  shall  then 
sign  all  of  said  tally  sheets.  The  clerks  shall  then  pre- 
pare a  statement  of  that  portion  of  the  tally  sheets  show- 
ing the  number  and  name  and  political  party  of  each 
candidate  for  nomination  and  the  office  and  total  votes 
received  by  each  in  the  precinct,  and  shall  prepare  the 
certificate  thereto,  which  statement  shall  be  signed  by 
the  judges  and  clerks  who  complete  the  count,  and  shall 
be  immediately  posted  in  a  conspicuous  place  o'n  the  oiut- 
side  of  said  polls,  there  to  remain  for  ten  days. 

Sec.  7.  Immediately  after  canvassing  the  votes  in  the 
manner  aforesaid,  the  judges  and  clerks  who  complete 
the  coiunt,  before  they  separate  or  adjourn,  shall  inclose 
the  poll  books  in  separate  covers  and  securely  seal  the 
same.  They  shall  also  inclose  the  tally  sheets  in  separate 
envelopes  and  seal  the  same  securely.  They  shall  also  taiiy  s^heelisr'^how 
envelope  all  the  ballots  fastened  together,  as  aforesaid,  ^^^p°^^^  °^- 
and  seal  the  same  securely;  and  they  shall  be  in  writing, 
with  pen  and  ink,  specify  the  contents,  and  address  each 
of  said  packages  upon  the  outside  thereof  to  the  County 
Clerk  of  the  county  in  w'hich  the  election  precinct  is 
situated.  These  sealed  packages  of  counted  ballots  shall 
be  marked  on  the  outside,  showing  what  numbers  are 
contained  therein,  but  once  sealed  they  are  not  to  be 
opened  by  any  one  until  so  ordered  by  the  proper  court. 
When  the  count  is  completed,  the  ballots  counted  and 
sealed,  and  enveloped  and  marked  for  identification  as 
aforesaid,  shall  be  packed  in  the  two  ballot  boxes,  and 
nothing  else  shall  be  put  into  the  boxes.  The  'boxes 
shall  then  be  locked,  and  the  official  seal  of  the  board 
shall  be  pasted  over  the  keyhole  and  over  the  rim  of  the 
lid  of  the  box,  so  that  the  box  cannot  be  opened  without 
breaking  the  seal.  Thereafter  neither  the  County  Clerk 
nor  the  canvassers  making  the  abstracts  of  the  votes  . 
shall  break  the  said  seals  upon  the  ballot  boxes,  nor  shall 
any  one  break  the  seals  on  the  boxes  or  the  ballots,  except 
upon    the   order   of   the   proper   court   in   case   of  contest, 


38  ELECTION  LAWS 

or  upon  the  order  of  the  county  board  when  the  boxes 
are  needed   for  the  ensuing  election. 

Sec.  8.  Every  political  party  shall  nominate  all  its 
candidates  for  public  office  under  the  provisions  of  this 
law,  and  not  in  any  other  manner;  and  it  shall  not  be 
allowed  to  nominate  any  candidate  in  the  maner  provided 
by  Section  521  of  the  Revised  Codes  of  Montana,  1907. 
Every  political  party  and  its  regularly  nominated  candi- 
how ^made!^^^  ^^^'  dates,  members  and  officers,  shall  have  the  sole  and  ex- 
clusive right  to  the  use  of  the  party  name  and  the  whole 
thereof,  and  no  candidate  for  office  shall  be  permitted  to 
use  any  word  of  the  name  of  any  other  political  party 
or  organization  than  that  by  which  he  is  nominated.  No 
independent  or  non-parisan  candidate  shall  be  permitted 
to  use  any  word  of  the  name  of  any  existing  political 
party  or  organization  in  his  candidacy.  The  names  of 
candidates  for  public  office  nominated  under  the  pro- 
visions of  this  law  shall  be  printed  on  the  official  ballots 
for  the  ensuing  election  as  the  only  can.didates  of  the 
respective  political  parties  for  such  public  office  in  like 
manner  as  the  names  of  the  candidates  nominated  by 
other  methods  are  required  to  be  printed  on  such  official 
ballots. 

Sec.  9.  Before  or  at  the  time  of  beginning  to  circulate 
Filing  of  petitions  ^^7  petition  for  nomination  to  any  office  under  this  law, 
for  nomination.  ^I^^  person  who  is  to  be  a  candidate  for  such  nomination 

shall  send  by  registered  mail  or  otherwise,  to  the  Sec- 
retary of  State,  or  the  County  Clerk  or  City  Clerk  a  copy 
of  his  petition  for  nomination,  signed  by  himself,  and 
such  copy  shall  be  filed  and  shall  be  conclusive  evidence 
for  the  purpose  of  this  law  that  said  elector  has  been  a 
candidate  for  nomination  by  his  party.  All  nominating 
petitions  and  notices  pertaining  to  State  or  district  offices 
to  be  voted  for  in  more  than  one  county,  and  for  Judges 
of  the  District  Court,  shall  be  filed  in  the  office  of  the 
Secretary  of  State;  for  county  offices  and  district  offices 
to  be  voted  for  in  one  county  only,  shall  be  filed  with 
the  County  Clerk;  and  for  all  city  offiices,  in  the  office 
of  the  City  Clerk. 

Sec.  ID.    Any  qualified  elector  who  has  filed  his  petition 
shall    have   his   name   printed   on   the   official    nominating 


STATE  OF  MONTANA  39 

ballot  of  his  party  as  a  candidate  for  nomination  for  any  Jo^^  ot  petition 

^    ,  .         .  "^     for   nomination. 

office  at  any  primary  nominating  election  held  under  the 
provisions  of  this  act,  if  there  shall  be  filed  in  bis  behalf 
a  petition  signed  as  herein  required,  and  substantially 
in  the  following  form: 

To (address  of  the  officer  with  whom 

the  petition   is   to  be   filed,   and   to   the   members   of   the 

party    and    the    electors    of    (State), 

Counties  of .,...,  comprising  the 

District,  (County),  (city),  (as  the  case  may  be),  in  the 
State  of  Montana — 

I, ,  reside  at   , 

and  my  postoffice  address  is  If  I 

am  nominated  for  the  office  of  at  the 

primary  nominating  election  to  be  held  in  the    (State  of 

Montana),    (district),    (county),   city),^  the    day   of 

,  19. .,  I  will  accept  the  nomination 

and  will  not  withdraw,  and  if  I  am  elected  I  will  qualify 
as  such  officer. 

If  I  am  nominated  and  elected  I  will,  during  my  term 
of  office  (here  the  candidate,  in  not  exceeding  one  hundred 
words,  may  state  any  measures  or  principles  he  especially 
advocates,  and  the  form  in  which  he  wishes  it  printed 
after  his  name  on  the  nominating  ballot,  in  not  exceeding 
twelve  words). 

In  case  of  an  elector  seeking  nomination  for  the  office  . 
of  Senator  or  Representative  in  the  Legislative  Assembly, 
he  may  include .  one  of  the  following  two  statements  in  ^ 

his  petition;  but  if  he  does  not  do  so,  the  Secretary  of 
State  or  County  Clerk,  as  the  case  may  be,  shall  not  on 
that  account  refuse  to  file  his  petition: 

Statement  No.  i. 
I  further  state  to  the  people  of  Montana,  as  well  as  to 
the  people  of  my  legislative  district,  that  during  my  term 
of  office  I  will  always  vote  for  that  candidate  for  United 
States  Senator  in  Congress  who  has  received  the  highest 
number  of  the  people's  votes  for  that  position  at  the 
general  election  next  preceding  the  election  of  a  Senator 
in  Congress,  without  regard  to  my  individual  preference. 


(Signature  of  the  candidate  for  nomination.) 


40  ELECTION  LAWS 


If  the  candidate  shall  be  unwilling  to  sign  the  above 
statement,  then  he  may  sign  the  following  statement  as 
a  part  of  his  petition : 

Statement   No.   2. 

During  my  term  of^  office  I  shall  consider  the  vote  of 
the  people  for  Untied  States  Senator  in  Congress  as 
nothing  more  than  a  recommendatioin,  which  I  shall  be 
at  liberty  to  wholly  disregard,  if  the  reason  for  doing 
so  seems  to  me  to  be  sufficient. 


(Signature  of  the  candidate  for  nomination.) 
Every  such  petition  shall  be  signed  as  above  by  the 
elector  seeking  such  nomination.  There  shall  be  a  sep- 
arate leaf  or  sheet  signed  as  above  on  every  such  petition 
for  each  precinct  in  which  it  is  circulated.  After  the 
above,  and  on  separate  sheet  or  sheets,  shall  be  the  fol- 
lowing petition : 

To    ,    (Secretary   of  State  for  Montana), 

or  to ,  the  County  Clerk  for  the  County 

of    ,    Montana,    (or   to    

City  Clerk  of   ),   (as  the  case  may  be). 

We,  the  undersigned  members  of  the party 

and  qualified  electors  and  residents  of  . precinct, 

in    the    County   of    ....,    State   of   Montana, 

respectfully    request   that    you    will    cause    to    be    printed 

on  the  offiicial  no'minating  baHot  for  the    

party,   at   the   aforesaid   primary   nominating   election,   the 

name  of  the  above  signed (name  of 

applicant)    ag    a   candidate    for     nomination   tO'  the   office 
of (title  of  office)  by  said party. 

Form. 

Name    Postoffice  Address   

Street  and  Number,  if  any   Precinct 


Name 


PostofBce  Address         Street  and  number,  if  any 


Precinct 


Each  and  every  leaf  or  sheet  of  said  petition  containing 
signatures  shall  be  verified  in  substantially  the  following 
form  by  one  or  more  of  the  signers  of  said  petition : 
State  of  Montana,  Co'Unty  of   ,  ss. 

I,    ,   being   first    duly    sworn,    say : 


STATE  OF  MONTANA  41 


I  am  personally  acquainted  with  all  the  persons  who 
have  signed  this  sheet  of  the  foregoing  petition,  and  I 
personally  know  that  their  signatures  thereon  are  genuine ; 
and  I  believe  that  their  postofifijce  address  and  residence 
are  correctly  stated  and  that  they  are  qualified  electors 
and  members  of  the   party. 


(Signature  of  affiant.) 

Subscribed  and  sworn  to  before  me  this    day  of 

• ,  I9--- 


(Signature  and  title  of  officer  before  whom  oath  is  made.) 
Sec.  II.  The  vote  cast  'by  a  political  party  in  each  vot- 
ing precinct  for  Representative  in  Congress  at  the  last 
preceding  general  election  shall  be  the  basis  on  which  eiectors^requlred 
the  percentage  for  petitions  shall  be  (counted.  In  the  °''  petition, 
case  of  any  political  party  not  represented  by  any  candi- 
dates for  any  ofii'ce  on  the  ballot  at  the  last  ipreceding 
general  election,  nomination  papers  must  be  signed  by 
as  many  voters  as  are  required  in  the  case  of  the  candi- 
dates of  tthe  p'arty  requiring  the  least  nunibers  of  signa- 
tures entitled,  as  herein  provided,  to  a  place  on  the  ballot 
at  such  primary.  If  the  nomination  is  for  a  municipal 
offi(ce,  or  for  an  office  to  be  voted  for  in  only  one  county, 
the  necessary  number  of  signers  shall  include  electors 
residing  in  at  least  one-fifth  of  the  voting  precincts  of  the 
county,  municipality  or  district ;  if  it  be  a  State  or  district 
office,  land  the  district  comprises  more  than  one  county, 
the  necessary  number  of  signers  shall  include  electors 
residing  in  each  of  at  least  one-eighth  of  the  precincts 
in  each  of  at  least  two  counties  in  the  district;  if  it  be 
an  office  to  be  voted  for  in  the  State  at  large,  the  neces- 
sary number  of  signers  shall  include  electors  residing  in 
each  of  at  least  one-tenth  of  the  precincts  in  each  of  at 
least  seven  counties  of  the  State;  if  it  be  an  office  to  be 
voted  for  in  a  congressional  district,  the  necessary  number 
of  signers  shall  include  electors  residing  in  at  least  one- 
tenth  of  the  precincts  in  each  of  at  least  one-fourth  of 
the  counties  in  such  district.  The  number  of  signers 
required  on  every  such  petition  shall  be  at  least  two 
per    cent   of   the    party   vote    in    the    electoral    district    as 


42 


ELECTION  LAWS 


above  stated:  Provided,  that  the  whole  num'ber  of  sign- 
ers required  on  a  nominating  petitio'n  under  the  provisions 
of  this  law  for  siny  office  to  be  voted  for  in  the  State  at 
large,  or  in  a  congressional  district,  shall  not  exceed  one 
thousand,  nor  in  any  other  case  shall  the  whole  number 
required  exceed  five  hundred  signers.  All  the  leaves  or 
sheets  making  one  petition  shall  be  fastened  together 
before  they  are  forwarded  to  the  proper  officers  for  filing. 
mori°uian^one^^^^  There  shall  not  be  in  any  petition  the  name  of  more  than 


petition. 


Qualifications 
signers. 


of 


Time    for    Filing 
petitions     for 
nominations. 


one  candidate  for  nomination.  Any  elector  may  sign 
more  than  one  nominatig  petition  required  by  this  law 
for  the  same  office.  It  shall  be  unlawful  for  any  person 
to  sign  another  person's  name  to  any  petition  required 
by  this  law.  It  shall  be  unlawful  for  any  person  to  sign 
any  nominating  petition  required  by  this  law  unless  he 
is  a  qualified  elector.  Any  names  or  signatures  placed 
on  any  petition  in  violation  of  the  provisions  of  this  law 
shall  not  be  counted  in  computing  the  number  of  signers 
necessary  to  make  the  same  a  valid  and  effective  petition. 
Sec.  12.  No  person  who  is  not  a  qualified  elector  shall 
be  qualified  to  join  in  signing  any  petition  for  nomination, 
or  to  vote  at  said  primary  nominatig  election.  But  this 
shall  not  be  construed  to  prevent  any  member  of  any 
party  from  signing  a  petition  for  the  nomination  of  any 
independent  or  non-partisan  candidate  after  the  primary 
nominating  election,  nor  shall  it  be  construed  to  prevent 
any  qualified  elector  from  signing  petitions  for  more  than 
one  candidate  for  the  same  office  on  one  party  ticket. 

Sec.  13.  All  petitions  for  nomination  under  this  act  for 
offices  to  be  filled  by  the  State  at  large,  or  by  any  district 
consisting  of  more  than  one  county,  and  nominating 
petitions  for  Judges  of  District  Courts  in  districts  con- 
sisting of  a  single  county  shall  be  filed  in  the  offiice  of 
the  Secretary  of  State  not  less  than  twenty  days  before 
the  date  of  the  primary  nominating  election;  and  for 
other  offices  to  be  voted  for  in  only  one  county,  or  district 
or  city,  every  such  petition  shall  be  filed  with  the  County 
Clerk  or  City  Clerk,  as  the  case  may  be,  not  less  than 
fifteen  days  before  the  date  of  the  primary  nominating 
election. 


STATE  OF  MONTANA  43 

Sec.  14.  The  County  Clerk,  Secretary  of  State,  and  the 
City  Clerk  of  towns  and  cities  having  two  thousand  in- 
habitants or  more  shall  keep  a  book  entitled  "Register 
of  Candidates  for  Nomination  at  the  Primary  Nominating 
Election,"  and  he  shall  enter  therein,  on  different  pages  didft^JsJ  ""^  ''^''~ 
of  the  book  for  the  different  political  parties  subject  to 
the  provisions  of  this  law,  the  title  of  the  offiice  sought 
and  the  name  and  residence  of  each  candidate  for  nomi- 
nation at  the  primary  nominating  election;  the  name  of 
his  political  party;  the  date  of  receiving  the  first  copy 
of  his  petition  signed  by  the  candidate ;  the  words  he 
wishes  printed  after  his  name  on  the  nominating  ballot, 
if  any;  the  date  of  receiving  his  petition;  the  number 
of  signatures  thereon,  and  the  number  of  signatures 
required  to  make  a  valid  and  sufficient  petition  for  nomi- 
nation to  said  office  by  his  political  party,  and  such  other 
information  as  may  aid  him  in  arranging  his  official  ballot 
for  said  primary  nominating  election.  Immediately  after 
the  canvass  of  votes  at  a  primary  nominating  election 
is  completed,  the  County  Clerk,  Secretary  of  State,  or 
City  Clerk,  as  the  case  may  be,  shall  enter  in  his  book 
marked  "Register  of  Nominations,"  the  date  of  such  entry, 
the  name  of  each  candidate  nominated,  the  office  for  which 
he  is  nominated,  and  the  name  of  the  party  making  the 
nomination. 

Sec.    15.     Such   registers  of  candidates   for   nomination, 
and  of  nominations  and  petitions,  letters  and  notices,  and  Papers    open    to 
other   writings    required    by    law,    as    soon    as    filed,    shall  ^"^^®°*^  °'^* 
be  public  records,  and  shall  be  open  to  public  inspection 
under  proper  regulations;  and  when,  a  copy  of  any  such 
writing  is   presented   at   the  time   the   original   is   filed,   or 
at  any  time  thereafter,  and  a  request  is  made  to  have  such 
copy  compared  and  certified,  the  officers  with  whom  such 
writing  was  filed  shall  forthwith  compare  such  copy  with 
the   original   on    file,   and,    if   necessary,   correct   the    copy 
and   certify  and  deliver  the  copy  to  the  person  who  pre-  Disposition  of  poll 
sented    it    on    payment    of   his    lawful    fees    therefor.      All     °°  ^' 
such  writings,  poll  books,  tally  sheets,  ballots,  and  ballot 
stubs   pertaining    to    primary    nominating   elections    under 
the    provisions    of   this   act    shall    be   preserved    as    other 
records  are  for  two  years  after  the  election  to  which  they 


44  ELECTION  LAWS 

pertain,  at  which  time,  unless  otherwise  ordered  or 
restrained  by  some  court,  the  County  Clerk  shall  destroy 
the  bajllots  and  ballot  stubs,^  'by  fire,  without  any  one 
inspecting-  the   same. 

Sec.  i6.  The  provisions  of  Sections  529  and  530,  Re- 
vised Codes  of  Montana,  1907,  shall  apply  to  nomina- 
tions, or  petitions  for  nominations,  made  under  the  pro- 
visions O'f  this  law,  in  case  of  the  death  of  the  candidate 
or  his  removal  from  the  State  or  his  county  or  electoral 
Notice  of  death  district  before  the  date  of  the  ensuing-  election,  but  in 
or  withdrawal.  j^q  other  case.  In  oase  of  any  such  vacancy  by  death 
or  removal  from  the  State,  or  from  the  county  or  elec- 
toral district,  such  vacancy  may  be  filled  by  the  com- 
mittee which  has  been  given  power  by  the  political  party 
or  this  law  to  fill  such  vacancies  substantially  in  the 
manner  provided  by  Section  529  and  530,  Revised  Codes 
of  Montana,    1907. 

Sec.  17.  Not  more  than  twenty  days  and  not  less  than 
seventeen  days  before  the  day  fixed  by  law  for  the  primary 
nominating  electiou  the  Secretary  of  State  shall  arrange, 
in  the  manner  provided  by  this  law,  for  the  arrangement 
of  the  names  and  other  information,  upon  the  ballots,  all 
Duty    of   secretary  the   names   of  and   information   concernine:  all   the   candi- 

of     state.  .         .  .        1     .  1- 

dates  for  noimiflation  contamed  in  the  vailid  petitions  for 
nomination  which'  have  been  filed  with  him  in  accordance 
with  the  provisions  of  this  law,  and  he  shall  forthwith 
certify  the  same  under  the  seal  of  the  State,  and  file  the 
same  in  his  ofii/ce,  and  make  and  trans'mit  a  duplicate 
thereof  by  registered  letter  to  the  County  Clerk  of  each 
county  in  the  State,  and  he  shall  also  post  a  duplicate 
thereof  in  a  conspicuous  place  in  his  ofiiice,  and  keep  the 
same  posted  until  after  said  primary  nominating  election 
has  taken  place.  In  case  of  emergency  the  Secretary  of 
State  may  transmit  such  duplicate  by  telegraph. 

Sec.  18.  Not  more  than  fifteen  days  and  not  less  than 
twelve  days  'before  the  day  fixed  by  law  for  the  primary 
nominating-  election,  the  County  Clerk  of  each  county, 
or  the  City  Clerk  of  each  city,  as  the  case  may  be,  sub- 
?nd^  city  ^Tierks.  j^^t  to  the  provisions  of  this  law,  shall  -arrange  in  the 
manner  provided  by  this  law  for  the  arrangement  of  the 
names   and    other   information    concerning   all    the    candi- 


STATE  OF  MONTANA  45 

dates  and  parties  named  in  the  valid  petitions  for  nomi- 
nation whidh  have  been  filed  with  him  and  those  which 
have  been  certified  to  him  by  the  Secretary  of  State,  in 
accordance  with  the  provisions  of  this  law ;  and  he  shall 
forthwith  certify  the  same  under  the  offilcial  seal  of  his 
office,  and  file  the  same  in  his  office,  and  make  and  post 
a  duplicate  thereof  in  a  conspicuous  place  in  his  office, 
and  keep  the  same  posted  until  'after  the  primary  nomi- 
nating election  has  taken  place;  and  he  shall  forthwith 
proceed  and  cause  to  be  printed,  according-  to  law,  the 
colored  sample  'baillots  and  the  official  voting  ballots  re- 
quired  by  this   law. 

Sec.  19.  All  blanks,  ballots,  poll  books  and  other  sup- 
pi  es  to  be  used  at  any  primaries  shall  be  provided,  and 
all  expenses  necessarily  incurred  in  the  preparation  for,  printing  of  ballots 
or  conducting  such  primaries  shall  be  paid  out  of  the 
treasury  of  the  county  in  the  same  manner  and  'by  the 
same  officers  as  in  the  case  of  elections.  Not  later  than 
o;ie  day  next  preceding  any  primary  the  County  Clerk 
must  furnish  one  of  the  judges  of  the  primaries  in  each 
precinct  with  a  copy  of  the  offiicial  register  and  a  dheck 
list  for  the  precinct. 

Sec.  20.  At  all  primaries  there  shall  be  a  ballot  made 
up  of  Ihe  several  party  \tickets  herein  provided  for,  each 
of  which  shall  'be  printed  on  a  separate  sheet  of  white 
paper,  all  o^f  which  shaill  be  of  the  same  size,  and  all 
shall  be  securely  fastened  together  at  the  top  and  folded, 
provided  that  there  shall  be  as  many  separate  tickets  as 
there  are  parties  entitled  to  participate  in  said  primary 
election. 

The  names  of  all  candidates  shall  be  arranged  alpha- 
betically according  to  surnames,  under  the  appropriate 
title  of  the  respective  officers,  and  under  the  proper  party 
designation  upon  the  party  ticket.  If  any  elector  write 
upon  his  ticket  the  name  of  any  person  who  is  a  candi- 
date for  the  same  offitce  upon  som>e  other  ticket  than  that 
upon  which  his  name  is  so  written,  this  ballot  shall  be 
counted  for  such  person  only  as  a  candidate  of  the  party 
upon  whose  ticket  his  name  is  written,  and  shall  in  no 
case  be  counted  for  such  person  as  a  candidate  upon  any 
other   ticket.     In  case  any  person   is   nominated,   as   pro- 


Form    of   ballot. 


46 


ELECTION  LAWS 


Manner    of    voting. 


Sample    ballots. 


vided  in  this  act,  upon  more  than  one  ticket,  he  shall 
forthwith  file  with  the  Secretary  of  State  or  County  Clerk 
a  written  declaration  indicating  the  party  designation  un- 
der which  his  name  is  to  be  printed  on  the  official  ballot, 
for  the  primary  election,  failing  in  which  his  name  shall 
be  printed  upon  the  party  ticket  for  which  the  greater 
number  of  nominating  signatures  have  been  filed  for  such 
candidate  and  no  candidate  shall  have  his  name  printed 
on  more  than  ond  ticket.  The  ballots  with  the  endorse- 
ments shall  be  printed  on  white  paper  in  substantially 
the  fofm  of  the  Australian  ballot  used  in  general  elec- 
tions, except  that  the  candidates  of  each  party  shall  be 
printed  on  a  separate  sheet.  After  preparing  his  ballot, 
the  elector  shall  detach  the  same  from  the  remaining 
tickets  and  fold  it  so  that  its  face  will  be  concealed  and 
the  official,  stamp  thereon  seen.  The  remaining  tickets 
attached  together  shall  be  folded  in  like  manner  by  the 
elector,  who  shall  thereupon,  without  leaving  the  polling 
place,  vote  the  marked  ballot  forthwith,  and  deposit  the 
remaining  tickets  in  the  separate  ballot  box  to  be  marked 
and  designated  as  the  blank  ballot  box.  Immediately 
after  the  canvass  the  judges  of  election  shall,  without 
examination,  destroy  the  tickets  deposited  in  the  blank 
ballot  box. 

Sec.  21.  There  shall  be  provided  and  furnished  at  each 
primary  nominating  election  for  each  election  precinct  for 
each  voter  at  least  two  official  ballots  intended  to  be 
voted,  and  a  like  number  of  the  colored  sample  ballots. 
The  sample  ballots  shall  be  duplicate  impressions  of  the 
official  ballots  to  be  voted,  but  in  no  case  shall  they  be 
white,  nor  shall  the  sample  ballots  have  perforated  stubs, 
nor  shall  they  have  the  same  margin  either  at  the  top 
or  sides  or  bottom,  as  the  offiicial  voting  ballots  have, 
or  nearer  thereto  than  twelve  points.  These  colored  sam- 
ple ballots  shall  be  furnished  as  soon  as  printed,  at  any 
time  before  the  primary  nominating  election  by  the  re- 
spective County  or  City  Clerks  in  reasonable  quantities, 
to  all  electors  applying  for  the  same;  and  on  the  day  of 
said  election,  under  the  direction  and  control  of  the  judges 
at  each  polling  place,  said  colored  sample  ballots  shall 
be  given  in  proper  quantities  to  all  electors  applying  for 
them. 


STATE  OP  MONTANA  47 

Sec.  22.  At  all  general  primary  nominating  elections 
next  preceding  the  election  of  a  Senator  in  Congress  by 
the  Legislature  of  Montana  there  shall  be  placed  upon 
the  official  primary  nominating  election  ballots,  by  each 
of  the  County  Clerks  and  clerks  of  the  county  board,  2irs!^  ®^*^'  ^^'"' 
the  names  of  all  candidates  for  the  office  of  Senator  in 
Congress,  for  whose  nominations  petitions  have  been  duly 
made  and  filed  under  the  provisions  of  this  law,  the  votes 
for  which  candidates  shall  be  counted  and  certified  to 
by  the  election  judges  and  clerks  in  the  same  manner 
as  the  votes  for  other  candidates;  and  records  of  the 
vote  for  such  candidates  shall  be  made  out  and  sworn 
to  by  the  board  of  canvassers  of  each  county  of  the  State 
and  returned  to  the  Secretary  of  State  at  the  time  and 
in  like  manner  as  they  shall  transmit  other  records  and 
returns  required  by  this  law. 

Sec.  23.  On  the  third  day  after  the  close  of  any  pri-  canvas  of  returns, 
mary  nominating  election,  or  sooner  if  all  the  returns 
be  received,  the  County  Clerk,  taking  to  his  assistance 
two  Justices  of  the  Peace  of  the  county  of  different  po- 
litical parties,  if  practicable,  shall  proceed  to  open  said 
returns  and  make  abstracts  of  the  votes.  Such  abstracts 
of  votes  for  nominations  for  Governor  and  for  Senator 
in  Congress  shall  ,be  on  one  separate  sheet  for  each  po- 
litical party,  and  shall  be  immediately  transmitted  to  the  • 
Secretary  of  State  in  like  manner  as  other  election  re- 
turns are  transmitted  to  him.  Such  abstract  of  votes 
for  nomination  of  each  party  for  Lieutenant  Governor, 
Secretary  of. State,  Attorney  General,  State  Auditor,  Su- 
perintendent of  Public  Instruction,  Railroad  Commission- 
ers, Clerk  of  the  Supreme  Court,  State  Treasurer,  Justices 
of  the  Supreme  Court,  members  of  Congress,  Judges  of 
the  District  Court,  and  members  of  the  Legislative  As- 
sembly, who  are  to  be  nominated  from  a  district  com- 
posed of  more  than  one  county,  shall  be  on  one  sheet, 
separately  for  each  political  party,  and  shall  be  forthwith 
transmitted  to  the  Secretary  of  State,  as  required  by 
Section  24  of  this  act.  The  abstract  of  votes  for  county 
and  precinct  offices  shall  be  on  another  sheet  separately  j^^^  ^^  county 
for  each  political  party;  and  it  shall  be  the  duty  of  said  derks. 
clerk    immediately    to    certify    the    nomination     for     each 


48  ELECTION  LAWS 

party  and  enter  upon  his  register  of  nominations  the 
name  of  each  of  the  persons  having  the  highest  number 
of  votes  for  nomination  as  candidates  for  members  of 
the  Legislative  Assembly,  county,  and  precinct  offices, 
respectively,  and  to  notify  by  mail  each  person  who  is  so 
nominated;  Provided,  that  when  a  tie  shall  exist  between 
two  or  more  persons  for  the  same  nomination  by  reason 
of  said  two  or  more  persons  having  an  equal  and  the 
highest  number  of  votes  for  nomination  by  one  party  to 
one  and  the  same  offi'ce,  the  County  Clerk  shall  give  notice 
to  the  several  persons  so  having  the  highest  and  equal 
number  of  votes  to  attend  at  his  office  at  a  time  to  be 
appointed  by  said  clerk,  who  shall  then  and  there  proceed 
publicly  to  decide  by  iot  which  of  the  persons  so  having 
Tie  vote,  proced-      an   equal   number   of   votes   shall   be   declared   nominated 

ure.  ^ 

by  his  party;  and  said  clerk  shall  forthwith  enter  upon 
his  register  Oif  nominations  the  name  of  the  persons  thus 
duly  nominated,  in  like  manner  as  thoiugh  he  had  received 
the  highest  number  oi  the  votes  of  his  party  for  that 
nomination;  and  it  shall  be  the  duty  of  the  County  Clerk 
oi  every  county,  on  receipt  of  the  returns  of  any  general 
primiary  nominating  election,  to  make  out  his  certificate 
stating  therein  the  compensation  to  which  the  judges 
and  clerks  of  election  may  'be  entitled  for  their  services, 
and  lay  the  sam^e  before  the  county  Board  of  County 
Commissioners  at  its  next  term,  and  the  said  board  shall 
order  the  compensation  aforesaid  to  be  paid  out  of  the 
county  treasury.  In  all  primary  nominating  elections 
in  this  State,  under  the  provisions  of  this  law,  the  person 
having  the  highest  number  of  votes  for  nomination  to 
any  office  shall  be  deemed  to  have  been  no»minated  'by 
his  political  party  for  that  office. 

Sec.  24.  The  County  Clerk,  immediately  after  making 
the  abstracts  of  votes  given  in  his  county,  shall  make 
a  copy  of  each  of  said  abstracts  an  dtransmit  it  by  mail 
to  the  Secretary  of  State,  at  the  seat  of  government;  and 
it  shall  be  the  duty  of  the  Secretary  of  State,  in  the  pres- 
ence of  the  Governor  and  the  State  Treasurer,  to  proceed 
Serk^^after'^^^anJas  within  fifteen  days  after  the  primary  nominating  election, 
o^   ^ot^-  and    soo-ner,    if    all    returns    be    received,    to    canvass    the 

votes  given  for  nomination  for  Governor,  Senator  in  Con- 
gress,   Lieutenant    Governor,   Attorney    General,    Superin- 


STATE  OF  MONTANA  49 

tendent  of  Public  Instru-ction,  Railroad  Commissioners, 
Secretary  of  State,  State  Treasurer,  State  Auditor,  Jus- 
tices of  the  Supreme  Court,  Clerk  of  the  Supreme  Court, 
members  of  Cong-ress,  Judges  of  the  District  Court,  Sena- 
tors and  Representatives,  and  all  other  ofifiicers  to  be  voted 
for  'by  the  people  of  the  State,  or  of  any  district  com- 
prising more  than  oine  county;  and  tbe  Governor  shall 
grant  a  certificate  of  nomination  to  the  person  having 
the  highest  number  of  votes  for  each  office,  and  shall 
issue  a  proclamation  declaring  the  nomination  of  each 
person  by  his  party.  In  case  there  shall  be  no  choice 
for  nomination  for  any  office  by  reason  of  any  two  or 
more  persons  having  an  equal  and  the  highest  number 
of  votes  of  his  party  for  nomination  for  either  of  said 
offices,  the  Secretary  of  State  shall  immediately  give 
notice  to  the  several  persons  so  having  the  highest  and 
equal  number  of  votes  to  attend  at  his  office,  either  in 
person  or  by  attorney,  at  a  time  to  be  appointed  'by  said 
Secretary,  who  shall  then  and  there  proceed  to  publicly 
decide  by  lot  which  of  said  persons  so  having  an  equal 
number  of  votes  shall  be  declared  duly  nominated  by  his 
party;  and  the  Governor  shaiU  issue  his  proclamation  de- 
claring the  nomination  of  such  person  or  persons,  as  above 
provided. 

Sec.  25.  Whenever  it  shall  appear  by  affidavit  to  the 
District  Court  or  Judge  thereof,  or  to  the  Supreme  Court 
or  Judge  thereof,  that  an  error  or  omission  has  occurred 
or  is  about  to  occur  in  the  printins^  of  the  name  of  any   ^ 

J.  o  J     Correction    of   error 

candidate   or   other  matter   on   the   official   primary  nomi-   or  wrong,   pro- 

1        •  1     11  1  ,  i  cedure. 

natmg  election  ballots,  or  that  any  error  has  been  or  is 
about  to  be  coriimitted  in  the  printing  of  the  ballots,  or 
that  the  name  of  any  person  or  any  other  matter  has  been 
or  is  about  to  be  wrongfully  placed  upon  such  ballots, 
or  that  any  wrongful  act  has  been  performed  by  any 
judge  or  clerk  of  the  primary  election.  County  Clerk, 
canvassing  board  or  member  thereof,  or  by  any  person 
charged  with  a  duty  under  this  act,  or  that  any  neglect 
of  duty  by  any  of  the  persons  aforesaid  has  occurred 
or  is  about  to  occur,  such  court  or  judge  shall  by  order 
require  the  officer  or  person  or  persons  charged  with  the 
error,   wrongful   act,   or   neglect,   to   forthwith   correct   the 


50 


ELECTION  LAWS 


Late   returns,    duty 
of    secretary    of 
state. 


Official   miscon- 
duct,   penalty. 


Notice    of    con- 
test. 


error,  desist  from  the  wrongful  act,  or  perform  the  duty 
and  do  as  the  court  shall  order,  or  show  cause  forthwith 
why  such  error  should  not  be  corrected,  wrongful  act 
desisted  from,  or  such  duty  or  order  performed.  Failure 
to  o'bey  the  order  of  any  such  court  or  judge  shall  be 
contempt.  Any  person  in  interest  or  aggrieved  by  the 
refusal  or  failure  of  any  person  to  perform  any  duty  or 
act  required  by  this  law  shall,  without  derogation  to  any 
other  right  or  remedy,  be  entitled  to  pray  for  a  mandamus 
in  the  District  Court  of  appropriate  jurisdiction,  and  any 
proceedings  under  the  provisions  of  this  law  shall  be 
immediately  heard  and  decided. 

Sec.  26.  If  the  returns  and  abstracts  of  the  primary 
nominating  election  of  any  county  in  the  State  shall  not 
be  received  at  the  office  of  the  Secretary  of  State  within 
twelve  days  after  said  election,  the  Secretary  of  State 
shall  forthwith  send  a  messenger  to  the  county  board 
of  such  county,  whose  duty  it  shall  be  to  furnish  said 
messenger  with  a  copy  of  said  returns,  and  the  said  mes- 
senger shall  be  paid  out  of  the  county  treasury  of  such 
county  the  sum  of  twenty  cents  for  each  mile  he  shall 
necessarily  travel  in  going  to  and  returning  from  said 
county.  The  County  Clerk,  whenever  it  shall  be  neces- 
sary for  him  to  do  so  in  order  to  send  said  returns  and 
abstracts  within  the  time  above  limited,  may  send  the 
same  by  telegraph,  the  message  to  be  repeated,  and  the 
county  shall  pay  the  expense  of  such  telegram. 

Sec.  27.  If  any  judge  or  clerk  of  a  primary  nominating 
election,  or  other  officers  or  persons  on  whom  any  duty 
is  enjoined  by  this  law,  shall  be  guilty  of  any  wilful 
neglect  of  such  duty,  or  of  any  corrupt  conduct  in  the 
discharge  of  the  same,  such  judge,  clerk,  officer  or  other 
person,  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  the  penitentiary  not  less  than  one  year 
nor  more  than  five  years,  or  by  imprisonment  in  the 
county  jail  not  less  than  three  months  nor  more  than 
one  year,  or  by  fine  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars. 

Sec.  28.  Any  person  wishing  to  contest  the  nomination 
of  any  other  person  to  any  state,  county,  district,  town- 
ship,   precinct,    or    municipal    office    may    give    notice    in 


STATE  OF  MONTANA  51 

writing  to  the  person  whose  nomination  he  intends  to 
contest  that  his  nomination  will  be  contested,  stating  the 
cause  of  such  contest  briefly,  within  five  days  from  the 
time   said   person   shall   claim   to  have   been   nominated. 

Sec.  29.  Said  notice  shall  be  served  in  the  same  man- 
ner as  a  summons  issued  out  of  the  District  Court  three 
days  before  any  hearing  upon  such  contest  as  herein 
provided   shall   take   place,   and   shall   state   the   time   and  „     .       ... 

1  ,  ,      ,  .  \     1,    ,        ,       ,        TT  1  Service   of   notice 

place  that  such  hearmg  shall  be  had.  Upon  the  return  Contest,  how 
of  said  notice  served  to  the  Clerk  of  the  Court  he  shall 
thereupon  enter,  the  same  upon  his  issue  docket  as  an 
appeal  case,  and  the  same  shall  be  heard  forthwith  'by 
the  District  Court;  Provided,  that  if  the  case  can  not 
be  determined  by  the  District  Court  in  term  time,  within 
fifteen  days  after  the  termination  of  such  primary  nomi- 
nating election,  the  Judge  of  the  District  Court  may 
hear  and  determine  the  same  at  chambers  forthwith,  and 
shall  make  all  necessary  orders  for  the  trial  of  the  case 
and  carrying  his  judgment  into  effect;  Provided,  that 
the  District  Court  provision  of  this  section  shall  not  apply 
to  township  or  precinct  officers.  In  case  of  contest  be- 
tween any  persons  claiming  to  be  nominated  to  any  town- 
ship or  precinct  office,  said  notice  shall  be  served  in  the 
manner  aforesaid,  and  shall  be  returned  to  the  District 
Court  of  the  county. 

Sec.  30.     The  provisions  of  Section  7234  and  7249,  Re-  contests    statutes 
vised    Codes    of .  Montana,    1907,    so   far   as    the    same    do  ^pp^^°^^  ®- 
not  conflict  with   the  provisions   of  this  law,   shall   apply 
to  and  are  hereby  made  applicable  to  primary  nominating 
elections  held  under  the  provisions  of  this  law. 

Sec.  31.  Each  party  to  such  contest  shall  be  entitled 
to  subpoenas,  and  subpoenas  duces  tecum,  as  in  ordinary 
cases  of  law;  and  the  court  shall  hear  and  determine  the 
same  without  the  intervention  of  a  jury,  in  such  manner 
as  shall  carry  into  effect  the  expressed  will  of  a  majority  Contest,  how  tried, 
of  the  legal  voters  of  the  political  party,  as  indicated 
by  their  votes  for  such  nominations,  not  regarding  tech- 
nicalities or  errors  in  spelling  the  name  of  any  candidate 
for  such  nomination;  and  the  County  Clerk  shall  issue 
a  certificate  to  the  person  declared  to  be  duly  nominated 
by  said  court,  which  shall  be  conclusive   evidence  of.  the 


2  ELECTION  LAWlS 

right  of  said  person  to  hold  said  nomination ;  Provided, 
that  the  jitdgiment  or  decision  of  the  District  Court  in 
term  time,  or  a  decision  of  the  Judge  thereof  in  vacation, 
as  the  case  may  be,  may  be  removed  to  the  Supreme 
Court  in  such  manner  as  imay  "be  provided  for  removing 
such  causes  from  the  District  Court  to  the  Supreme  Court. 
Sec.  32.  There  shall  be  elected  by  each  political  party, 
subject   to    the    provisions    of   this    law,    at    said    primary 

central  Committee-  nominating    election,    a    committeeman    for    each    election 

men,   selection.  prccinct,  w^ho  shall  be  a  resident  of  such  precinct.     Any 

elect(jr,  being  a  member  of  their  party,  may  be  placed 
in  nomination  foT  committeeman  of  any  precinct  by  a 
writing  so  stating,  signed  by  any  five  members  of  any 
political  party  being  qualified  electors  of  such  precinct, 
and  filed  in  the  office  of  the  County  Clerk  within  the 
time  required  in  this  act  for  the  filing  of  petitions  naming 
individuals  as  candidates  for  nomination  at  the  regular 
biennial  primary  election;  but  no  such  nomination  paper 
shall  be  filed  unless  verified  by  the  affidavit  of  the  signers 
to  the  effect  that  they  are  'bona  fide  members  of  the  po- 
litical party  named  in  the  same.  The  names  of  the  vari- 
ous candidates  for  precinct  committeemen  of  each  political 
party  shall  be  printed  on  the  ticket  of  the  same  in  the 
same  manner  as  other  candidates  and  the  voter  shall 
express  his  choice  among  them  in  like  manner  as  for 
such  other  candidates.  The  committeeman  thus  elected 
siiall  be  the  representative  of  his  political  party  in  and 
for  such  precinct  in  all  ward  or  subdivision  committees 
that  may  be  formed.  The  committeemen  elected  in  each 
precinct  in  each  county  shall  constitute  the  county  central 

Powers.  committee    of    each    of   said    respective     political     parties. 

Those  committeemen  who  reside  within  the  limits  of 
any  incorporated  city  or  town  shall  constitute  ex-officio 
the  city  central  comfmittee  of  each  of  said  respective  po- 
litical parties,  and  shall  have  the  same  power  and  juris- 
diction as  to  the  business  of  their  several  parties  in  such 
city  mfatters  that  the  coiunty  committee  has  in  county 
matters,  save  only  the  power  to  fill  vacancies  in  said 
com'mittee,  which  power  is  vested  in  the  county  central 
com;mittee.  Each  com^mitteeman  shall  hold  such  position 
for  the  term  of  two  years  from  the  date  of  the  first  meet- 

fiUed!"^^^^'     ^^         ing   of   said   committee   imimediately   following   their   elec- 


STATE  OF  MONTANA  ^  53 

tion.  In  case  of  a  vacancy  happening  on  account  of 
death,  resignation,  removal  from  the  precinct,  or  other- 
wise, the  remaining  members  of  said  county  comtmittee 
may  select  a  committeeman  to  fill  the  vacancy  and  he 
shall  be  a  resident  of  the  precinct  in  which  the  vacancy 
occurred.  Said  county  and  city  central  committees  shall 
have  the  power  to  -make  rules  and  regulations  for  the 
government  of  their  respective  political  parties  in  each 
county  and  city,  not  inconsistent  with  any  of  the  pro-  Powers, 
visions  of  this  law,  and  to  elect  the  county  member  of 
the  State  central  committee,  and  of  the  members  of  the 
congressional  committee,  and  said  committees  shall 
have  the  same  power  to  fill  all  vacancies  and  make  rules 
in  their  jurisdiction  that  the  county  committee  has  to 
fill  county  vacancies  and  make  rules.  Said  county  and 
city  central  committees  shall  have  the  power  to  make 
nominations  to  fill  vacancies  occurring  among  the  can- 
didates of  their  respective  parties  nominated  for  city  or 
county  offices  by  the  primary  nominating  election,  where 
such  vacancy  is  caused  by  death  or  removal  from  the 
electoral  district,  but  not  otherwise.  Said  comtmittees 
shall  meet  and  organize  by  electing  a  chairman  and  sec- 
retary within  five  days  after  the  candidates  of  their  re- 
spective political  parties  shall  have  been  nominated.  They 
may  select  managing  or  executive  committees  and  au- 
thorize such  sub-committees  to  exercise  any  and  all 
powers  conferred  upon  the  county,  city,  state  and  con- 
gressional  central   committees   respectively  by  this  law. 

Sec.  33.  If  any  candidate  for  nomination  shall  be  guilty 
of  any  wrongful  or  unlawfui  act  or  acts  at  a  primary  J'enait^^^  °^  ^^^' 
nominating  election  which  would  be  suffiicient,  if  such 
wrongful  or  unlawful  act  or  acts  had  been  done  by  such 
candidate  at  the  regular  general  election,  to  cause  his 
removal  from  office,  he  shall,  upon  conviction  thereof, 
be  removed  from  office  in  like  manner  as  thomgh  such 
wrongful  or  unlawful  act  or  acts  had  been  committed 
at  a  regular  general  election,  notwithstanding  that  he 
may  have  been  regularly  elected  and  shall  not  have  been 
guilty  of  any  wrongful  or  unlawful  act.  at  the  election 
at  which  he  shall  have  been  elected  to  his  office. 

Sec.   34.     The  candidates  for  the  various   State  offices. 


54 


ELECTION  LAWS 


Party    platfonns. 


Penalty    for 
ery,    etc. 


brib- 


Violations 
penalties. 


of     act, 


Penalties. 


and  for  the  United  States  Senate,  Representatives  in  Con- 
gress and  the  Legislative  Assembly  nominated  by  each 
political  party  at  such  primary,  and  Senators  of  such  po- 
'litical  party,  whose  term  of  office  extends  beyond  the 
first  Monday  in  January  of  the  year  next  ensuing,  and 
the  members  of  the  State  central  committee  of  such  po- 
litical party,  shall  meet  at  the  call  of  the  chairman  of 
the  State  central  committee  not  later  than  September 
15th  next  preceding  any  general  election.  They  shall 
forthwith  formulate  the  State  platform  of  their  party. 
They  shall  thereupon  proceed  to  elect  a  chairman  of  the 
State  central  committee  and  perform  such  other  business 
as  may  properly  be  brought  before  such  meeting. 

Sec.  35.  Any  person  who  shall  offer,  or  with  knowl- 
edge of  the  sarpe  permit  any  person  to  offer  for  his  bene- 
fit, any  bribe  to  a  voter  to  induce  him  to  sign  any  nomi- 
nation paper,  and  any  person  who  shall  accept  any  such 
bribe  or  promise  of  gain  of  any  kind  in  the  nature  of  a 
bribe  as  consideration  for  signing  the  same,  whether  such 
bribe  or  promise  of  gain  in  the  nature  of  a  bribe  be  offered 
or  accepted  before  or  after  such  signing,  shall  be  guilty 
of  a  misdemeanor,  and  upon  trial  and  conviction  thereof 
be  punished  by  a  fine  of  not  less  than  twenty-five  nor 
more  than  one  thousand  dollars,  and  by  imprisonment  in 
the  county  jail  of  not  less  than  ten  days  nor  more  than 
six  months.  '       . 

Sec.  36.  Any  act  declared  an  offense  by  the  general 
laws  of  this  State  concerning  caucuses,  primaries  and 
elections  shall  also-,  in  like  case,  be  an  offense  in  and  as 
to  all  primaries  as  herein  defined,  and  shall  be  punished 
in  the  same  form  and  manner  as  therein  provided,  and 
all  the  penalties  and  provisions  of  the  law  as  to  such 
caucuses,  primaries  and  elections,  except  as  herein  other- 
wise provided,  shall  apply  in  such  case  with  equal  force 
and  to  the  same  extent  as  though  fully  set  forth  in 
this  act. 

Sec.  .37.  Any  person  who  shall  forge  any  name  of  a 
signer  or  a  witness  to  a  nomination  paper  shall  be  guilty 
of  forgery,  and  on  conviction  punished  accordingly.  Any 
person  who,  being  in  possession  of  nomination  papers 
entitled  to  be  filed  under  this  act,  or  any  act  of  the  Legis- 


STATE  OF  MONTANA  55 

lature,  shall  wrongfully  either  suppress,  neglect  or  fail  . 
to  cause  the  same  to  be  filed  at  the  proper  time  in  the 
proper  office,  shall  on  conviction  be  punished  by  imprison- 
ment in  the  county  jail  not  to  exceed  six  months,  or  by 
a  fine  not  to  exceed  one  thousand  dollars,  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court. 

Sec.  38.  The  provisions  of  the  laws  of  this  state  now 
in  force  in  relation  to  the  holding  of  elections,  the  solicita- 
tion of  voters  at  the  polls,  the  challenging  of  voters,  the  laws  applicable, 
manner  of  conducting  elections,  of  counting  the  ballots 
and  making  return  thereof,  the  appointment  and  com- 
pensation of  officers  of  election,  and  all  other  kindred  sub- 
jects, shall  apply  to  all  primaries,  insofar  as  they  are 
consistent  with  this  act,  the  intent  of  this  act  being  to 
place  the  primary  under  the  regulation  and  protection 
of  the  laws  now  in  force  as  to  elections. 

Sec.  39.  All  acts  or  parts  of  acts  inconsistent  with 
or  in  'Conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 

(Act  initiated  by  the  people  and  passed  at  general  elec- 
tion of  1912.) 


PRIMARY    ELECTIONS. 

(Sections  refer  to  Revised  Codes  of  1907;  Sections  in 
brackets  refer  to  Codes  of  1895.) 

Section  533.     Qualification  of  Voter  at  Primary  Election. 

534.  Wlio    Entitled   to   Vote. 

535.  Judges. 

536.  Clerk. 

537.  Challenges— Oatli--Penalty. 

538.  Fraudulent    Voting   or    Counting. 

539.  Unlawful    Interference. 

540.  Penalties. 

Sec.  533.  (Sec.  1330.)  Qualification  of  Voters  at  Pri- 
mary Election. — No  person  shall  be  entitled  to  vote  at 
any  caucus,  primary  meeting  or  election,  held  by  any 
political  party,  except  he  be  an  elector  of  the  state  and 
county  within  which  such  caucus,  primary  meeting  or 
election  is  held,  and  a  legal  resident  of  the  precinct  or 
district  within  .  which  such  caucus,  primary  meeting  or 
election  is  held,  and  the  limits  of  which  said  precinct  or 
dstrict  are  fixed  and  prescribed  by  the  regularly  chosen 
and  recognized  representatives  of  the  party  issuing  the 
call  for  such  caucus,  primary  meeting  or  election. 

Sec.  534.  (Sec.  133 1.)  Who  Entitled  to  Vote. — No 
person  shall  be  entitled  to  vote  at  any  caucus,  primary 
meeting  or  election  who  is  not  identified  with  the  political 
party  holding  such  caucus,  primary  meeting  or  election, 
or  who  does  not  intend  to  act  with  such  political  party 
at  the  ensuing  election,  whose  candidates  are  to  be  nomi- 
nated at  such  caucus  or  primary  meeting.  And  no  person 
having  voted  at  any  primary  meeting  or  election  oi  any 
political  party  whose  candidates  are  to  'be  or  have  been 
nominated,  shall  be  permitted  to  vote  at  the  primary 
meeting  or  election  of  any  other  political  party  whose 
candidates  are  to  be  or  have  been  nominated  and  to  be 
voted  for  at  the  sa-me  general  or  special  election. 

Sec.  535.  (Sec.  1332.)  Judges. — Three  judges,  who 
shall  be  legal  voters  in  the  precinct  where  such  caucus 
or  primary  meeting  is  held,  shall  be  chosen  by  the  quali- 
fied voters  of  said  precinct  or  district,  who  are  present 
at  the  opening  of  such  caucus  or  primary  meeting,  and 
said  judges  shall  be   empowered  to  administer  oaths  and 


58  ELECTION  LAWS 


affirmations,  and  they  shall  decide  all  questions  relating 
to  the  qualifications  of  those  voting  or  offering  to  vote 
at  such  caucus  or  primary  meeting,  and  they  shall  cor- 
rectly count  all  votes  cast  and  certify  the  results  of  the 
same. 

Sec.  536.  (Sec.  1333.)  Clerk. — The  judges  shall  select 
one  of  their  number  who  shall  act  as  clerk,  and  the  clerk 
must  keep  a  true  record  of  each  and  every  person  voting, 
with  their  residence,  giving  the  street  and  number  and 
postoffi^ce  address. 

S^c.  537.  (Sec.  1334.)  Challenges — Oath — Penalty. — 
Any  qualified  voter  may  challenge  the  right  of  any  person 
offering  to  vote  at  such  caucus  or  primary  meeting,  and 
in  the  event  of  such  challenge,  the  person  challenged  shall 
swear  to  and  subscribe  an  oath  administered  by  one  of 
the  judges,  which  oath  shall  be  substantially  as  follows : 

"I  do  solemnly  swear  that  I  am  a  citizen  of  the  United 
States  and  am  an  elector  of  this  county  and  of  this  pre- 
cinct where  this  primary  is  now  being  held;  that  I  have 
been  and  now  am  identified  with  the  party,  or  that  it  is 
my  intention  bona  fide  to  act  with  the  party,  and  identify 
myself  with  the  same  at  the  ensuing  election,  and  that 
I  have  not  voted  at  any  primary  meeting  or  election  of 
any  other  political  party  whose  candidates  are  to  'be  voted 
for  at  the  next  general  or  special  election." 

If  the  challenged  party  takes  the  oath  above  prescribed 
he  is  entitled  to  vote;  Provided,  in  case  a  person  taking 
the  oath  as  aforesaid  shall  intentionally  make  false  an- 
swers to  any  question  put  to  him  by  any  one  of  the  judges 
'Concerning  his  right  to  vote  at  such  caucus  or  primary 
meeting  or  election,  he  shall,  upon  conviction,  be  deemed 
guilty  of  perjury  and  shall  be  punished  by  imprisonment 
in  the  penitentiary  for  a  term  of  not  less  than  one  year 
nor  more  than  three  years. 

Sec.  538.  (Sec.  1335.)  Fraudulent  Voting  or  Count- 
ing.— It  shall  'be  unlawful  for  any  judge  of  any  caucus 
or  primary  meeting  or  primary  election  to  knowingly  re- 
ceive the  vote  of  any  person  who  he  knows  is  not  entitled 
to  vote,  or  to  fraudulently  or  wrongfully  deposit  any 
ballot  or  ballots  in  the  ballot  box  or  take  any  ballot  or 
ballots  from  the  ballot  box  of  said  caucus  or  primary  elec- 


STATE  OF  MONTANA  59 


tion,  or  fraudulently  or  wrongfully  mix  any  ballots  with 
those  cast  at  such  caucus  or  primary  election,  or  know- 
ingly make  any  false  count,  canvass,  statement  or  return 
oi  the  ballots  cast  or  vote  taken  at  such  caucus  or  pri- 
mary election. 

Sec.  539.  (Sec.  1336.)  Unlawful  Interference.) — No 
person  shall,  by  bribery  or  other  improper  means  or  de- 
vice, directly  or  indirectly,  attempt  to  influence  any  elector 
in  the  casting  of  any  ballot  at  such  caucus  or  primary  meet- 
ing, or  deter  him  in  the  deposit  of  his  ballot,  or  interfere 
or  hinder  any  voter  at  such  caucus  or  primary  meeting 
in  the  full  and  free  exercise  of  his  right,  of  suffrage  at 
such  caucus  or  primary  meeting. 

Sec.  540.  (Sec.  1337.)  Penalties.^ — Any  person  or  per- 
sons violating  any  of  the  provisions  of  this  act,  except 
as  provided  in  Sec.  537  (1334),  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than 
two  hundred  and  fifty  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  three  months  nor  more  than 
twelve  months,  or  by  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court. 


PREFERENTIAL     PRIMARIES     FOR     PRESIDENT 
AND     VICE     PRESIDENT. 

A  Bill  to  Propose  by  Initiative  Petition  a  Law  to  Provide 
for  the  E^cpression  by  the  People  of  the  State  of  Mon- 
tana of  Their  Preference  for  Party  Candidates  for  Presi- 
dent and  Vice  President  of  the  United  States,  the 
Election  of  Delegates  .to  Presidential  Conventions  and 
the  Nomination  of  Presidential  Electors  by  Direct  Vote. 

Section     1.     When  to  be  Held. 

2.  Manner  of  Voting, 

3.  Party    Delegates — Number    to    be    Elected. 

4.  Expenses    of    Delegates — Payment. 

5.  Campaign    Books — Contents. 

6.  Same— Charge  Per  Page. 

7.  Repealing   Clause. 

Be  It  Enacted  by  the  People  of  State  of  Montana : 

Sec.  I.  In  the  years  when  a  President  and  Vice  Presi- 
dent of  the  Lmited  States  are  to  be  elected,  the  primary  ^^^"^  ^®^^- 
nominating-  election  shall  be  held  on  the  forty-fifth  day 
before  the  first  Monday  in  June  of  said  year;  and  all 
laws  pertaining  to  the  nomination  of  candidates,  regis- 
tration of  voters  and  all  other  things  incident  and  per- 
taining to  the  holding  of  the  regular  biennial  nominating 
election,   shall   be  enforced   and   affected. 

Sec.  2.  When  candidates  for  the  offices  of  President 
and  Vice  President  of  the  United  States  are  to  be  no:mi-  Manner  of  voting, 
nated,  every  qualified  elector  of  a  political  party  subject 
to  this  law  shall  have  opportunity  to  vote  his  preference, 
on  his  party  nominating  ballot,  for  his  choice  for  one  per- 
son to  be  the  candidate  of  his  political  party  for  President, 
and  one  person  to  be  the  candidate  of  his  political  party 
for  Vice  President  of  the  United  States,  either  by  writing 
the  names  of  such  persons  in  'blank  spaces  to  be  left 
on  said  ballot  for  that  purpose  or  by  marking  with  a 
cross  before  the  printed  names  of  the  persons  of  his 
choice,  as  in  the  case  of  other  nominations.  The  names 
of  any  persons  shall  be  so  printed  on  said  ballots  solely 
on  the  petition  of  their  personal  supporters  in  Montana 
without  said  persons  themselves  signing  any  petition  or 
acceptance.  The  names  of  persons  in  such  political  party  Form  of  ballot, 
who  shall  be  presented  'by  petition  of  their  supporters 
for   nomination  to   be   party   candidates   for   the   office   of 


62 


ELECTION  LAWS 


Party    delegates. 


Number    to    be 
elected. 


President  or  Vice  President  of  the  United  States,  shall 
be  printed  on  the  nominating  afficial  ballot,  and  the 
ballots  shall  be  marked,  and  the  votes  shall  be  counted, 
canvassed  and  returned  in  like  mianner  and  under  the 
same  conditions  as  to  names,  petitions  and  other  matters, 
as  far  as  the  same  are  applicable,  as  the  names  and  peti- 
tions of  aspirants  for  the  party  nominations  for  the  office 
of  Governor  and  for  United  States  Senator  in  Congress 
are  or  may  be  by  law  required  to  he  marked,  filed, 
counted,  canvassed  and  returned. 

Sec.  3.  The  members  of  the  political  parties  subject 
to  this  law  shall  elect  their  party  delegates  to  their  na- 
tional conventions  for  the  nomination  of  their  party  can- 
didates for  President  and  Vice  President  of  the  United 
States,  and  shall  nominate  candidates  for  their  party 
Presidential  Electors  at  such  nominating  election.  The 
governor  shall  grant  a  certificate  of  election  to  each  of 
the  delegates  so  elected,  which  certificates  shall  show 
the  number  of  votes  received  in  the  State  by  each  person 
of  such  delegate's  political  party  for  nomination  as  its 
candidate  for  President  and  Vice  President.  Nominating 
petitions  for  the  office  of  delegate  to  the  respective  party 
national  conventions,  to  be  chosen  and  elected  at  said 
nominating  election,  shall  be  sufficient  if  they  contain  a 
number  of  signatures  of  the  members  of  the  party  equal 
to  one  per  cent  of  the  party  vote  in  the  State  at  the  last 
preceding  election  for  Representative  in  Congress; 
Provided,  that  not  more  than  five  hundred  signatures  shall 
be  required  on  any  such  petition.  Every  qualified  voter 
shall  have  the  right  at  such  nominating  election  to  vote 
for  the  election  of  one  person,  and  no  more,  to  the  office 
of  national  delegate  for  his  party,  and  to  vote  for  the 
nomination  of  one  aspirant,  and  no  more,  for  the  office 
of  Presidential  Elector  as  the  candidate  of  his  party.  A 
number  of  such  candidates  equal  to  the  number  of  dele- 
gates to  be  elected  by  each  party  which  is  subject  to  the 
provisions  of  this  law,  receiving,  respectively,  each  for 
himself,  the  highest  numher  of  votes  for  such  office,  shall 
be  thereby  elected.  Every  political  party  suhject  10  the 
provisions  of  this  law  shall  be  entitled  to  nominate,  at 
said  nominating  election,  as  many  candidates  for  the  office 
of  Presidential   Elector  as   there   are   such   officers   to  be 


STATE  OF  MONTANA  63 

elected;  that  number  of  aspirants  in  every  such  party 
who  shall  receive,  respectively,  each  for  himself,  the  high- 
est number  of  votes  of  his  party  for  that  nomination, 
shall  be  thereby  nominated  as  a  candidate  of  his  political 
party  for  the  office  of  Presidential  Elector. 

Sec.  4.  Every  delegate  to  a  national  convention  of  a 
political  party  recognized  as  such  organization  by  the  rpj.a^gijjj 
laws  of  Montana,  shall  receive  from  the  State  treasury  of  delegates, 
the  amount  of  his  traveling  expenses  necessarily  spent 
in  actual  attendance  upon  said  convention,  as  his  account 
may  be  audited  and  allowed  by  the  Secretary  of  State, 
but  in  no  case  to  exceed  two  hundred  dollars  for  each 
delegate ;  Provided,  that  such  expenses  shall  never  be  paid 
to  any  greater  number  of  delegates  of  any  political  party 
than  would  be  allowed  such  party  under  the  plan  by 
which  the  number  of  delegates  to  the  Republican  national 
convention  was  fixed  by  the  Republican  party  of  Mon- 
tana in  the  year  1912.  The  election  of  such  national 
delegates  for  political  parties  not  subject  to  the  Direct 
Primary  Nominating  Elections  Law  shall  be  certified  in 
like  manner  as  nominations  of  canddiates  of  such  political 
parties  for  elective  public  offices.  Every  such  delegate 
to  a  national  convention  to  nominate  candidates  for  Presi- 
dent and  Vice  President  shall  subscribe  to  an  oath  of  oath  of  office, 
office  that  he  will  uphold  the  Constitution  and  the  laws  of 
the  United  States  and  of  the  State  of  Montana,  and  that 
he  will,  as  such  officer  and  delegate,  to  the  best  of  his 
judgment  and  ability,  faithfully  carry  out  the  wishes  of 
his  political  party  as  expressed  by  its  voters  at  the  tim>e 
of  his  election. 

Sec.  5.  The  committee  or  organization  which  shall  file 
a  petition  to  place  the  name  of  any  person  on  the  nomi-  campaign  books, 
nating  ballot  of  their  political  party  to  be  voted  for  by 
its  members  for  expression  of  their  choice  for  nomination 
as  the  candidate  of  such  party  for  President  or  Vice 
President  of  the  United  States,  shall  have  the  right,  upon 
payment  thereof,  to  four  pages  of  printed  space  in  the 
campaign  books  of  such  political  party  provided  for  by 
law.  In  this  space  said  committee  shall  set  forth  their 
statement  of  the  reasons  why  such  person  should  be  voted 
for  and  chosen  by  the  members  of  their  party  in  Montana 


64 


ELECTION  LAWS 


Campaign   books. 


Charge    per    page. 


Repealing   clause. 


and  in  the  Nation  as  its  candidate.  Any  qualified  elector 
of  any  such  political  party  who  favors  or  opposes  the 
nomination  of  any  person  'by  his  own  political  party  as  its 
candidate  for  President  or  Vice  President  of  the  United 
States,  may  have  not  exceeding  four  pages  of  space  in 
his  aforesaid  party  nominating  cam.paign  'book,  at  a  cost 
of  one  hundred  dollars  per  printed  page,  to  set  forth  his 
reasons  therefor. 

Sec.  6.  Every  person  regularly  nominated  by  a  political 
party,  recognized  as  such  by  the  laws  O'f  Montana,  for 
President  or  Vice  President  of  the  United  States,  or  for 
any  office  to  be  voted  for  by  the  electors  of  the  State 
at  large,  or  for  Senator* or  Representative  in  Congress, 
shall  be  entitled  to  use  four  pages  of  printed  space  in 
the  State  campaign  book  provided  for  by  law.  In  this 
space  the  candidate,  or  his  supporters  with  -his  written 
permission  filed  with  the  Secretary  of  State,  may  set  forth 
the  reasons  why  he  should  be  elected.  No  charge  'shall 
be  made  against  candidates  for  President  and  Vice  Presi- 
dent of  the  United  States  for  this  printed  space.  The 
other  candidates  above  named  shall  pay  at  the  rate  of 
one  hundred  dollars  per  printed  page  for  said  space,  and 
said  payment  shall  not  be  counted  as  a  part  of  the  ten 
per  cent  of  one  year's  salary  that  each  candidate  is  al- 
lowed  to   spend   for   campaign   purposes. 

Sec.  7.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

(Act  initiated  by  the  people  and  passed  at  the  general 
election  of  1912.) 


STATE  OF  MONTANA  65 


TIME    OF    HOLDING    ELECTIONS. 

(Sections    refer    to    Revised    Codes    of    1907;     those     in 
brackets  refer  to  Codes  of  1895.) 
Section  450.     General    Elections— When    to    be    Held. 
451.     Special    Elections — Call. 

Sec.  450.  (Sec.  1150.)  General  Elections,  When  to 
Be  Held. — There  must  be  held  throughout  the  State,  on 
the  first  Tuesday  after  the  first  Monday  of  November, 
in  the  year  eighteen  hundred  and  ninety-four,  and  in  every 
second  year  thereafter,  an  election  to  be  known  as  the 
general  election. 

Sec.  451.  (Sec.  1151.)  Special  Elections,  Call. — Special 
elections  are  such  as  are  held  to  supply  vacancies  in  any 
office,  and  are  held  at  such  times  as  may  be  designated 
by  the  proper  officer  or  authority.  The  Board  of  County 
Commissioners  shall  be  authorized  to  call  a  special  elec- 
tion at  any  time  for  the  purpose  of  submitting  to  the 
qualified  electors  of  the  county  a  proposition  to  raise 
money  for  any  public  improvement  desired  to  be  made 
in  the  county. 


ELECTION    PROCLAMATIONS. 

Section  452.    Election  Proclamations  by  the  Governor. 

453.  Governor's    Proclamation — What    to    Contain. 

454.  Publication   and   Posting   by   County    Commissioners. 

455.  Election   Proclamation    by    County   Commissioners. 

Sec.  452.  (Sec.  1160.)  Election  Proclamations  by  the 
Governor. — At  least  sixty  days  before  a  general  election, 
and  whenever  he  orders  a  special  election  to  fill  a  vacancy 
in  the  office  of  State  Senator  or  member  of  the  House 
of  Representatives  at  least  ten  days  before  such  special 
election,  the  Governor  must  issue  an  election  proclama- 
tion, under  his  hand  and  the  great  seal  of  the  State,  and 
transmit  copies  thereof  to  the  Boards  of  Commissioners  of 
the  counties  in  which  such  elections  are  to  be  held. 

Sec.  453.  (Sec.  1161.)  Governor's  Proclamation — What 
to  Contain. — Such  proclamation   must   contain : 

I.  A  statement  of  the  time  of  election,  and  the  offices 
to  be  filled. 


When    to    issue. 


66  ELECTION  LAWS 

2.  An  offer  of  rewards  in  the  following  form :  "And 
I  do  hereby  offer  a  reward  of  one  hundred  dollars  for 
the  arrest  and  conviction  of  any  person  violating  any  of 
the  provisions  of  Title  IV,  Part  I  of  the  Penal  Code. 
Such  rewards  to  be  paid  until  the  total  amount  hereafter 
expended  for  the  purpose  reaches  the  sum  of  five  thousand 
dollars."  (See  Section  2  of  Chapter  60,  Laws  of  191,  as 
to  further  contents.) 

Sec.  454.  (Sec.  1162.)  Publication  and  Posting  by 
County  Commissioners. — The  Board  of  County  Commis- 
to"^puWish!^  which  gioners  upon  the  receipt  of  such  proclamation,  may,  in 
the  case  of  general  or  special  elections,  cause  a  copy  of 
the  same  to  be  published  in  some  newspaper  printed  in 
the.  county,  if  any,  and  to  be  posted  at  each  place  of 
election  at  least  ten  days  'before  the  election;  and  in  case 
of  special  elections  to  fill  a  vacancy  in  the  office  of  State 
Senator  or  member  of  the  House  of  Representatives,  the 
Board  of  County  Commissioners,  upon  receipt  of  such 
proclamation,  may,  in  their  discretion,  cause  a  copy  of 
the  same  to  be  pu'blished  or  posted  as  hereinbefore  pro- 
vided, except  that  such  publication  or  posting  need  not 
be  made  for  a  longer  period  than  five  days  before  such 
election. 

Sec.  455.  (Sec.  1163.)  Election  Proclamation  by  County 
Commissioners. — Whenever  a  special  election  is  ordered 
by  the  Board  of  County  Commissioners,  they  must  issue 
an  election  proclamation,  containing  the  statement  pro- 
vided for  in  Sudvision  I,  of  Sec.  453  (1161),  and  must 
publish  and  post  it  in  the  same  manner  as  proclamations 
issued  by  the   Governor. 


Special    elections. 


STATE  OF  MONTANA  67 


MISCELLANEOUS   PROVISIONS. 

Section  456.  Plurality  to  Elect. 

457.  Proceedings    on    Tie    Vote. 

458..  No    Fees   for   Certifificate   of   Registration. 

459.  Compensation    of    Officers    of    Election, 

460.  County    Commissioners    to    Have    Blanks    Prepared. 
Sec.  456.  (Sec.  1170.)     Plurality  to  Elect. — The  person 

receivino-  at  any  election  the  highest  number  of  votes  for 
any  office  to  be  filled  at  such  election,  is  elected  thereto. 

Sec.  457.  (Sec.  1171.)  Proceedings  on  Tie  Vote. — In 
case  any  two  or  more  persons  have  an  equal  and  highest 
number  of  votes  for  either  Governor,  Lieutenant  Governor, 
Secretary  of  State,  Attorney  General,  State  Auditor,  State 
Treasurer,  Clerk  of  the  Supreme  Court,  Superintendent 
of  Public  Instruction,  or  any  other  state  executive  officer, 
the  Legislative  Assembly,  at  its  next  regular  session 
must,  forthwith,  by  joint  ballot  of  the  two  houses,  elect 
one  of  such  persons  to  fill  such  office;  and  in  case  of  a 
tie  vote  for  Clerk  of  the  District  Court,  County  Attorney, 
or  for  any  county  officer  except  County  Commissioner, 
and  for  any  township  officer,  the  Board  of  County  Com- 
missioners must  appoint  so'me  eligible  person,  as  in  case 
of  other  vacancies  in  such  offices;  and  in  case  of  a  tie 
vote  for  County  Commissioner,  the  District  Judge  of  the 
county  must  appoint  an  eligible  person  to  fill  the  office, 
as  in  other  cases  of  vacancy. 

Sec.  458.  (Sec.  1172.)  No  Fees  for  Certificate  of  Regis- 
tration.— No  fees  must  be  charged  for  registration  or  cer- 
tificate thereof. 

Sec.  459.  (Sec.  1173.)  Compensation  of  Officers  of 
Election. — The  compensation  of  members  of  boards  of 
election,  including  judges  and  clerks,  is  three  dollars 
per  day,  and  must  be.  audited  by  the  Board  of  County 
Commissioners,  and  paid  out  of  the  county  treasury. 

Sec.  460.  (Sec.  1174.)  County  Commissioners  to  Have 
Blanks  Prepared. — The  necessary  printed  blanks  for  poll 
lists,  tally  lists,  lists  of  electors,  tickets  and  returns,  together 
with  envelopes  in  which  to  enclose  the  returns,  must  be 
furnished  by  the  Boards  of  County  Commissioners  to  the 
officers  of  each  election  precinct  at  the  expense  of  the 
county. 


vote. 


68  ELECTION  LAWS 

QUALIFICATIONS    AND    DISABILITIES    OF 
ELECTORS. 

Section  461.  Election  to  be  by  Ballot. 

462.  Qualifications  of  Voter. 

463.  Residence. 

464.  Privilege   From   Arrest. 

465.  Exempt    From    Military    Duty   on    Election    Day, 

466.  Idiot  or  Insane. 

467.  Women  at   School  Election. 

468.  Women    Tax    Payers. 

469.  Who   Are   Tax   Payers. 

Sec.   461.      (Sec.    1180.)      Elections  to    Be  by   Ballot. — 
All  elections  by  the  people  shall  be  by  ballot. 
Who   may   not  ^ec.  462.     (Sec.  1181.)     Qualifications  of  Voter. — Every 

male  person  of  the  age  of  twenty-one  years  or  over, 
possessing  the  following  qualifications,  if  his  name  is 
registered  as  required  by  law,  is  entitled  to  vote  at  all 
general  and  special  elections  and  for  all  officers  that  now 
are,  or  hereafter  may  be,  elective  by  the  people  and  upon 
all  questions  which  may  be  submitted  to  the  vote  of  the 
people :  First,  he  must  be  a  citizen  of  the  United  States ; 
second,  he  must  have  resided  in  the  State  one  year  and 
in  the  county  thirty  days  immediately  preceding  the  elec- 
tion at  which  he  offers  to  vote.  No  person  convicted  of 
felony  has  the  right  to  vote  unless  he  has  been  pardoned. 
Nothing  in  this  section  contained  shall  be  construed  to 
deprive  any  person  of  the  right  to  vote  who  had  such 
right  at  the  time  of  the  adoption  of  the  State  constitution. 
After  the  expiration  of  five  years  from  the  time  of  the 
adoption  of  the  State  constitution  no  person  except  citizens 
of  the   United   States   have   a   right   to  vote. 

Sec.  463.  (Sec.  1182.)  Residence. — For  the  purpose 
of  voting  no  person  gains  or  loses  a  residence  by  reason 
of  his  absence  while  employed  in  the  service  of  the  State 
or  of  the  United  States,  nor  while  engaged  in  the  naviga- 
tion of  waters  of  the  State  or  of  the  United  States,  nor 
while  a  student  at  any  institution  of  learning,  nor  while 
kept  at  any  alms  house  or  other  asylum  at  the  public 
expense,  nor  while  confined  in  any  public  prison. 

(Note: — The  above  section  amended  by  Section  21  of 
the  law  respecting  registration  of  electors.) 

Sec.  464.  (Sec.  1183.)  Privilege  From  Arrest. — Elect- 
ors must   in   all   cases,   except  treason,  felony,   or  breach 


STATE  OF  MONTANA  69 


I 


of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  elections,  and  in  going  to  and  returning 
therefrom. 

Sec.  465.  (Sec.  1184.)  Exempt  From  Military  Duty 
on  Election  Day. — No  elector  is  required  to  perform  mili- 
tary duty  on  the  days  of  election,  except  in  times  of  war 
or  public  danger. 

Sec.  466.  (Sec.  1185.)  Idiot  or  Insane. — No  idiot  or 
insane  person  is  entitled  to  vote  at  any  election  in  this 
state. 

Sec.  467.  (Sec.  1186.)  Women  at  School  Election. — 
Women  have  the  right  to  vote  at  any  school  district  elec- 
tion. 

Sec.  468.  (Sec.  1187.)  Women  Tax  Payers. — Upon  all 
questions  submitted  to  the  vote  of  the  tax  payers  of  the 
State,  or  any  political  division  thereof,  women  who  are 
tax  payers  and  possessed  of  the  qualification  for  the  right 
of  suffrage  required  of  men  by  the  State  constitution, 
equally   with   men   have   the   right   to   vote. 

Sec.  469.  (Sec.  1188.)  Who  Are  Tax  Payers.— The 
payment  of  a  tax  upon  property  by  any  person  assessed 
therefor  on  a  county  or  city  assessment  roll  next  preceding 
the  election  at  which  a  question  is  to  be  submitted  to 
the  vote  of  the  tax  payers  of  the  State,  or  to  the  vote 
of  the  tax  payers  of  such  county  or  city  or  any  sub- 
division thereof,  constitutes  such  person  a  tax  payer  at 
such  election  within  the  meaning  of  the  last  preceding 
section. 


70  ELECTION  LAWS 


ELECTION    PRECINCTS. 

Section  497.     Board   to  Designate   Place   in   Precincts   for  Holding 
Election. 

498.  Proceedings    Where   Place   Not   Designated,    etc. 

499.  No    Precinct    to    be    Established      in    the      Indian 

Country. 

(Sees.  494-496  repealed  by  Sees.  2,  3,  4,  5,  6,  of  law 
relating  to   Registration   of   Electors.) 

Sec.  497.  (Sec.  1243.)  Board  to  Designate  Place  in 
Precinct  for  Holding  Election. — The  board  must,  at  the 
session  at  which  judges  of  election  are  appointed,  make 
an  order  designating  the  house  or  place  within  the  pre- 
cinct where  the  election  must  be  held. 

Sec.  498.  (Sec.  1244.)  Proceedings  Where  Place  Not 
Designated,  Etc. — If  the  board  fail  to  designate  the  house 
or  place  for  holding  the  election,  or  if  it  cannot  be  held 
at  the  house  or  place  designated,  the  judges  of  election, 
01  a  majority  of  those  acting  as  such  in  the  precinct 
must,  two  days  before  the  election  and  by  an  order,  under 
their  hand  (copies  of  which  they  must  at  once  post  in 
three  public  places  in  the  precinct),  designate  the  house 
or  place. 

Sec.  499.  (Sec.  1245.)  No  Precinct  to  Be  Established 
in  the  Indian  Country. — No  officer  of  this  State,  nor  of 
any  county,  must  establish  a  precinct  within  the  limits 
of  any  county  not  fully  organized,  or  at  any  Indian 
agency,  or  at  any  trading  post  in  the  Indian  country,  or 
on  any  Indian  reservation. 


STATE  OF  MONTANA  71 


JUDGES    OF    ELECTION. 

Section  500,    Judges    of   Election — How   Appointed. 

501.  Number  of  Judges  to   be  Appointed. 

502.  Number    Appointed   in   New    Precincts. 

503.  Not   More   Than    a   Majority   to   be   from   Any    One 

Political    Party. 

504.  Clerk    to    Give    Notice    to    Judges    of    Appointment. 

Electors  to  Elect  Judges  in  Case  of  Vacancies. 

505.  Judges    to    Choose    Clerks   and    Serve    Until    Others 

Appointed. 

506.  Clerks  to  Mail  to  Judges  Notices  of  Election. 

Form  of  Notice. 

507.  Notices    to    be   Posted    by    the   Judges. 

508.  Oath   of  Judges  and   Clerks. 

509.  Judges    and   Clerks    May    Administer    Oaths. 

510.  Ballot  Boxes. 

511.  Size  of  Opening  of  Ballot  Box. 

512.  Ballot  Box  to  be  Exhibited. 

513.  County  Clerk     to  Have  Printed  Instructions  to  the 

Electors. 

Sec.  500.  (Sec.  1260.)  Judges  of  Election,  How 
Appointed. — The  Board  of  County  Commissioners  of  the 
several  counties,  at  the  regular  session  next  preceding  a 
general  or  special  election,  must  appoint  five  judges  of 
election  for  each  precinct  in  which  the  voters  therein, 
by  the  last  registration,  were  one  hundred  or  more,  and 
three  judges  of  election  for  each  precinct  in  which  such 
registration  was  less  than  one  hundred. 

Sec.  501.  (Sec.  1261.)  Number  of  Judges  to  Be 
Appointed. — The  Board  of  County  Commissioners,  not- 
withstanding the  registration,  may  appoint  five  judges 
of  election  for  each  precinct  in  which,  upon  information 
obtained  by  them,  they  have  reason  to  believe  contains 
one  hundred  voters  or  more,  and  three  judges  of  election 
in  precincts  which  upon  information  obtained  by  them, 
they  have  reason  to  'believe  contains  less  than  one  hun- 
dred voters. 

Sec.  502.  (Sec.  1262.)  Number  Appointed  in  New 
Precincts. — In  any  new  precinct  established,  the  Board 
of  County  Commisioners  must,  in  like  manner,  appoint 
five  or  three  judges  of  election,  according  to  the  estimated 
number  of  voters  therein,  as  required  by  the  two  next 
preceding  sections. 

Sec.  503.      (Sec.   1263.)     Not  More  Than  a  Majority  to 


72  ELECTION  LAWS 

Be  From  Any  One  Political  Party. — In  making  the  ap- 
pointment of  judges  of  election  not  more  than  a  majority 
of  such  judges  must  be  appointed  from  any  one  political 
party  for  each  precinct. 

Sec.  504.  (Sec.  1264.)  Clerk  to  Give  Notice  to  Judges 
fiUed^^^^^'  °^  of  Appointment. — Electors  to  Elect  Judges  in  Case  of 
Vacancy. — The  clerk  of  the  board  must  make  out  and 
forward  by  mail,  immediately  after  the  appointment  of 
the  judges,  a  notice  thereof  in  writing,  directed  to  each 
of  them.  In  case  there  is  no  postofifice  in  any  one  or 
more  of  the  precincts  in  any  county,  the  clerk  must  for- 
ward notices  of  such  appointment  by  registered  mail  to 
the  postoffice  nearest  such  precinct,  directed  to  the  judges 
aforesaid.  If  in  any  of  the  precincts  any  of  the  judges 
refuse  or  neglect  to  serve,  the  electors  of  such  precinct 
may  elect  a  judge  or  judges  to  fill  vacancies  on  the  'morn- 
ing of  the  election,  to  serve  at  such  election. 

Sec.  505.  (Sec.  1265.)  Judges  to  Choose  Clerks  and 
to  Serve  Until  Others  Appointed. — The  judges  must  elect 
two  persons  having  the  same  qualifications  as  themselves 
to  act  as  clerks  of  the  election.  The  judges  continue 
judges  of  all  elections  to  be  held  in  their  respective  pre- 
cincts until  other  judges  are  appointed ;  and  the  clerks 
of  election  continue  to  act  as  such  during  the  pleasure 
of  the  judges  of  election,  and  the  Board  of  County  Com- 
missioners must  from  time  to  time  fill  vacancies  which 
may  occur  in  the  offices  of  judges  of  election  in  any  pre- 
cinct within  their  respective  counties. 

Sec.  506.  (Sec.  1266.)  Clerks  to  Mail  to  Judges  Notices 
of  Election — Form  of  Notice. — The  clerks  of  the  several 
Boards  of  County  Commissioners  must,  at  least  thirty 
days  before  any  general  election,  make  and  forward  by 
mail  to  such  judge  or  judges  as  are  designated  by  the 
County  Commissioners,  three  written  notices  for  each 
precinct,  said  notices  to  be  substantially  as  follows: 

"Notice  is  hereby  given  that  on  the  first  Tuesday  after 

the  first  Monday  of  November  18. .,  at  the  house , 

in  the   County  of   ,  an  election  will  be  held   for 

(naming  the  offices  to  be  filled,  including  Elec- 
tors of  President  and  Vice  President,  a  Representative 
in    Congress,    State,   county    and    township    officers),    and 


STATE  OF  MONTANA  73 

for  the  determination  of  the  following  questions  (naming 
them),  the  polls  of  which  election  will  be  open  at  eight 
o'clock  in  the  morning  and  continue  open  until  six  o'clock 

in  the  afternoon  of  the  same  day.     Dated  this   day 

of ,  A.  *D.  i8... 

"Signed  A.  B.,  Clerk  of  the  Board  of  County  Commis- 
sioners." 

Sec.    S07.      (Sec.   1267.)      Notices  to   Be  Posted  by  the 

.  .  Posted     where 

Judges. — The  judges  to  whom  such  notice  is  directed, 
as  provided  in  the  next  preceding  section,  must  cause 
to  be  put  up  in  three  of  the  most  public  places  in  each  pre- 
cinct, the  notices  of  election  in  such  precinct,  at  least 
ten  days  previous  to  the  time  of  holding  any  general 
election,  which  notices  must  be  posted  as  follows :  One 
at  the  house  where  the  election  is  authorized  to  be  held, 
and  the  others  at  the  two  most  public  and  suitable  places 
in   the  precinct. 

Sec.  508.  (Sec.  1268.)  Oath  of  Judges  and  Clerk. — 
Previous  to  votes  being  taken,  the  judges  and  clerks  of 
election  must  take  and  subscribe  the  official  oath  pre- 
scribed  by   the   constitution.     It  is  lawful   for  the   iudo:es  How   constructed 

■^  J       ?3         and    may    consist 

of  election,  and  they  are  hereby  empowered,  to  administer  of  what, 
the  oath  to  each  other,  and  to  the  clerks  of  the  election. 

Sec.  509.  (Sec.  1269.)  Judges  and  Clerks  May  Ad- 
minister Oaths. — Any  member  of  the  board,  or  either 
clerk  thereof,  may  administer  ,and  certify  oaths  required 
to  be  administered   during  the  progress  of  an   election. 

Sec.  510.  Ballot  Boxes. — There  shall  be  provided  at 
the  expense  of  the  county,  for  each  polling  precinct,  a 
substantial  ballot  box  or  canvas  pouch  with  a  secure  lock 
and  key  for  the  ballots  and  detached  stubs  as  hereinafter 
provided  for.  There  shall  be  one  opening  and  no  more 
in  such  box  or  canvas  pouch,  of  sufficient  size  to  admit 
a  single  folded  ballot.  The  adoption  of  the  canvas  pouch 
to  be  used  instead  of  the  ballot  box,  in  any  precinct,  shall 
be  optional  with  the  Commissioners  of  each  county,  but 
in  such  precincts  where  pouches  are  so  adopted,  the 
pouches  shall  be  returned  to  the  County  Clerk  together 
with  the  other  election  returns,  as  by  law  provided.  (Act 
March  5,   1907,  Sec.  i.  Laws  1907,  Chap.  88.) 

Sec.  511.    (Sec.  1271.)    Size  of  the  Opening  of  the  Ballot 


74  ELECTION  LAWfi 

Box. — There  must  be  an  opening  in  the  lid  of  such  box 
of  no  larger  size  than  shall  be  sufficient  to  admit  a  single 
folded  ballot. 

Sec.  512.  (Sec.  1272.)  Ballot  Box  to  Be  Exhibited. — 
Before  receiving  any  ballots,  the  judge's  must,  in  the 
presence  of  any  persons  assembled  at  the  polling  place, 
open  and  exhibit  the  ballot  box  and  remove  any  contents 
therefrom,  and  then  close  and  lock  the  same,  delivering 
the  key  to  one  of  their  members,  and  thereafter  the  ballot 
box  must  not  be  removed  from  the  polling  place  or  pres- 
ence of  the  bystanders  until  all  the  ballots  are  counted, 
nor  must  it  be  opened  until  after  the  polls  are  finally 
closed. 

Sec.  513.  (Sec.  1273.)  County  Clerk  to  Have  Printed 
Instructions  to  the  Electors. — The  County  Clerk  of  each 

Number  of  cards  ,  .  ,    .       ,  , 

of  instruction  re-    couuty  must  causc  to  be  prmted  m  large  type  on  cards, 
^"^^^  *  in    the    English    language,    instructions    for    the    guidance 

of  electors  in  preparing  their  ballots.  He  must  furnish  six 
cards  to  the  judges  of  election  in  each  election  precinct, 
and  one  additional  card  for  each  fifty  registered  electors, 
or  fractional  part  thereof,  in  the  precinct,  at  the  same 
time  and  in  the  same  manner  as  the  printed  ballots.  The 
judges  of  election  must  post  not  less  than  one  of  such 
cards  in  each  place  or  compartment  provided  for  the 
preparation  of  ballots,  and  not  less  than  three  of  such 
cards  elsewhere  in  and  about  polling  places  upon  the  day 
of  election.  Said  cards  must  be  printed  in  large,  clear 
type,  and  must  contain  full  instructions  to  the  voters 
as  to  what  should  be  done,  viz: 

1.  To  obtain  ballots  for  voting. 

2.  To  prepare  the  ballots  for  deposit  in  the  ballot  boxes. 

3.  To  obtain  a  new  ballot  in  the  place  o-f  one  spoiled 
by  accident  or  mistake.  Said  card  must  also  contain  a 
copy  of  Sections  8130  (66),  8134  (70),  8135  (71),  8136 
{72),  and  8137  (73),  and  8138  (74),  of  the  Penal  Code. 
There  must  also  be  posted  in  each  of  the  compartments, 
or  booths,  one  of  the  official  tickets,  as  provided  in  Chap- 
ter IX,  of  this  title,  without  the  official  stamp,  and  not 
less  than  three  such  tickets  posted  elsewhere  in  and  about 
the  polling  places,   upon  the  day  of  election. 


STATE  OF  MONTANA  75 


OPENING   AND    CLOSING    OF    POLLS. 

Section  514.     Time    of   Opening   and    Closing   of   Polls. 

515.  Proclamation    at    Opening    and    Thirty    Minutes    Be- 

fore   Closing    Polls. 

516.  Proclamation    at    Closing    Polls. 

Sec.  514.  (Sec.  1290.)  Time  of  Opening  and  Closing 
of  Polls. — The  polls  must  be  opened  at  eight  o'clock  on 
the  morning  of  election  day  and  must  be  kept  open  con- 
tinuously until  six  o'clock  in  the  afternoon  of  said  day, 
when  the  same  must  be  closed. 

Sec.  515.  (Sec.  1291.)  Proclamation  at  Opening  and 
Thirty  Minutes  Before  Closing  Polls. — Before  the  judges 
receive  any  ballots  they  must  cause  it  to  be  proclaimed 
aloud  at  the  place  of  election  that  the  polls  are  open,  and 
thirty  minutes  before  the  closing  of  the  polls  proclamation 
must  be  made  that  the  polls  will  close  in  one-half  hour. 

Sec.  516.  (Sec.  1292.) Proclamation  at  Closing  Polls. — 
When  the  polls  are  closed  that  fact  must  be  proclaimed 
aloud  at  the  place  of  election;  and  after  such  proclama- 
tion no  ballots  must  be  received. 


POLL    BOOKS. 

Sectioai  517.     County   Commissioners   to  Furnisih  Poll  Books. 

518.  Clerk   to   Forward   Poll   Books   to  Judges. 

519.  Form    of    Poll    Book. 

520.  Want  of  Form  Not  to  Vitiate. 

Sec.  517.  (Sec.  1300.)  County  Commissioners  to  Fur- 
nish Poll  Books. — The  Board  of  County  Commissioners 
of  each  county  must  furnish  for  the  several  election  pre- 
cincts in  each  county  poll  books  after  the  forms  herein- 
after  prescribed. 

Sec.  518.  .  (Sec.  1301.)  Clerk  to  Forward  Poll  Books 
to  Judges. — The  clerk  of  the  board  must  forward  by 
mail,  as  a  registered  package,  to  one  of  the  judges  of 
election  so  appointed,  in  each  precinct,  at  least  ten  days 
prior  to  any  general  election  and  five  days  prior  to  any 
special  election,  two  of  such  blank  poll  books  for  the  use 
of  the  judges  of  such  precinct. 

Sec.  519.  (Sec.  1302.)  Form  of  Poll  Book. — The  fol- 
lowing is  the  form  of  poll  books  to  be  kept  in  duplicate 
by  the  judges  and  clerks  of  election: 


re 


ELECTION  LAWS 


Poll  Book  of  Precinct  No.  . . 

Number  and  names  of  electors  voting. 


No. 


Name. 


No. 


Name. 


No. 


Name. 


Total  number  of  votes  cast  at  Precinct  No 

We,  the  undersigned,  judges  and  clerks  of  an  election 

held  at  Precinct  No ,  in  the  County  of , 

in  the  State  of  Montana,  on  the  ....   day  of , 

19..,  having  first  been  severally  sworn  according  to  law, 
hereby  certify  that  the  foregoing  is  a  true  statement  of 
the  number  and  names  of  the  persons  voting  at  said 
precinct  at  said  election,  and  that  the  following  named 
persons  received  the  number  of  votes  annexed  to  their 
respective  names  for  the  following  described  offices, 
to- wit : 


Governor 


Members  of  Legislative  Assembly 


i^.  B., Votes  Senate  House  of  Representatives 

C.  D. Votes  E.  E., Votes  G.  H,— Votes 


Certified  and  signed  by  us. 

1 


Clerks. 


Judges. 


Sec.  520.     (Sec.  1303.)   Want  of  Form  Not  to  Vitiate. — 

No  poll  book  or  certificate  returned  from  any  election 
precinct  must  be  set  aside  or  rejected  for  want  of  form 
nor  on  account  of  its  not  being  strictly  in  accordance 
with  the  directions  of  this  title,  if  it  can  be  satisfactorily 
understood. 


STATE  OF  MONTANA  77 

CANDIDATES    AND    QUESTIONS    FOR    THE 
ELECTION. 

Section  521.     Convention    or    Primary    Meeting    Defined. 

522.  Certificate   of   Nomination — What  to    Contain. 

523.  Certificate— Where   Filed. 

524.  Certificates  of  Nomination  Otherwise  Made. 

525.  Certificate    Not    to    Contain    Certain    Things.      One 

Person    Not    to   be   Nominated   for    More    Than 
One    Office. 

526.  Certificates  to  be  Preserved   One  Year. 

527.  When    Certificate    to    be    Filed. 

528.  Secretary      of    State    to    Certify    to    County      Clerk 

Names    of    Persons    Nominated. 

529.  Candidate   May   Decline   Ten   Days   Before   Election. 

In    Municipal    Election    Two    Days. 

530.  Vacancies    May    be    Filled    by    Further    Certificates. 

531.  How   Question   Submitted   to   Electors   May   be    Cer- 

tifiied. 

532.  Erroors — How    Corrected. 

Sec.  521.  (Sec.  13 10.)  Convention  or  Primary  Meeting 
Defined. — Any  convention  or  primary  meeting  held  for  Definitions, 
the  purpose  of  making  nominations  to  public  office,  or 
the  number  of  electors  required  in  this  chapter,  may 
nominate  candidates  for  public  office  to  be  filled  by  elec- 
tion in  the  State.  A  convention  or  primary  meeting  within 
the  meaning  of  this  chapter  is  an  organized  assemblage 
of  electors  or  delegates  representing  a  political  party  or 
principle. 

Sec.  522.  (Sec.  131 1.)  Certificates  of  Nomination,  What 
to  Contain. — All  nominations  made  by  such  convention 
or  primary  meeting  must  be  certified  as  follows:  The  certificate  to  be 
certificate  of  nomination,  which  must  be  in  writing,  must  delivered  to  whom, 
contain  the  name  of  each  person  nominated,  his  residence, 
his  business,  his  business  address,  and  the  office  for  which 
he  is  named,  and  must  designate  in  not  more  than  five 
words,  the  party  or  principle  which  such  convention  or 
primary  meeting  represents,  and  it  must  be  signed  by  the 
presiding  officer  and  secretary  of  such  convention  or  pri- 
mary meeting,  who  must  add  to  their  signatures,  their 
respective  places  of  residence,  their  business  and  business 
addi esses.  Such  certificates  must  be  delivered  by  the 
secretary  or  the  president  of  such  convention  or  primary- 
meeting  to  the  Secretary  of  the  State  or  to  the  County 
Clerk,  as   in  this   chapter  required. 


78  ELECTION  LAWS 

Sec.  523.  (Sec.  13 12.)  Certificate,  Where  Filed. — Cer- 
tificates of  nomination  of  candidates  for  offices  to  be  filled 
by  the  electors  of  the  entire  State,  or  of  any  division 
or  district  greater  than  a  county,  must  be  filed  with  the 
Secretary  of  State.  Certificates  of  nomination  for  county, 
township  and  precinct  offi'cers  must  be  filed  with  the 
clerks  of  the  respective  counties  wherein  the  officers  are 
to  be  elected.  Certificates  of  nomination  for  municipal 
offi'cers  must  be  filed  with  the  clerks  of  the  respective 
municipal  corporations  wherein  the  officers  are  to  be 
elected.  The  certificate  of  nomination  of  joint  member 
of  the  House  of  Representatives  must  be  filed  in  the 
offices  of  the  County  Clerks  of  the  counties  to  be  repre- 
sented by  suc'h  joint  member. 

Sec.  524.  (Sec.  1313.)  Certificates  of  Nomination 
SirS^^qSired^Sr  Otherwise  Made.— Candidates  for  public  office  may  be 
petitions.  nominated  otherwise  than  by  convention  or  primary  meet- 

ing  in   the    manner   following: 

A  certificate  of  nomination,  containing  the  name  of  a 
candidate  for  the  office  to  be  filled,  with  such  informa- 
tion as  is  required  to  be  given  in  certificates  provided 
for  in  Sec.  522  (131 1)  of  this  chapter,  must  'be  signed 
by  electors  residing  within  the  State  and  district,  or 
political  division  in  and  for  w'hich  the  officer  or  officers 
are  to  be  elected,  in  the  following  required  numbers : 

The  number  of  signatures  must  not  be  less  in  number 
than  five  per  cent  of  the  number  of  votes  cast  for  the 
successful  candidate  for  the  same  offiice  at  the  next  pre- 
ceding election,  whether  the  said  candidate  be  State, 
county,  township,  municipal  or  any  other  political  di- 
vision or  subdivision  of  State  or  county ;  but  the  sig- 
antures  need  not  all  be  appended  to  one  paper.  Each 
elector  signing  a  certificate  shall  add  to  his  signature 
his  place  of  residence,  his  business  and  his  business  ad- 
dress. Any  such  certificate  may  be  filed  as  provided  for 
in  the  next  preceding  section  of  this  chapter,  in  the  man- 
ner and  with  the  same  effect  as  a  certificate  of  nomination 
made  by  a  party  convention  or  primary  meeting. 

Sec.  525.  (Sec.  1314.)  Certificate  Not  to  Contain  Cer- 
tain Things — One  Person  Not  to  Be  Nominated  for  More 
Than  One  Office. — No  certificate  of  nomination  must  con- 


STATE  OF  MONTANA  79 


tain  the  name  of  more  than  one  candidate  for  each  office 
to  be  filled.  No  person  must  join  in  nominating  more 
than  one  person  for  each  office  to  be  filled,  and  no  person 
must  accept  a  nomination  to  more  than  one  office. 

Sec.  526.  (Sec.  13 15.)  Certificates  to  Be  Preserved 
One  Year. — The  Secretary  of  State  and  the  Clerks  of  the 
several  counties  and  of  the  several  municipal  corporations 
must  cause  to  be  preserved  in  their  respective  offices  for 
one  year  all  certificates  of  nomination  filed  under  the 
provisions  of  this  chapter.  All  such  certificates  must  be 
open  to  public  inspection  under  proper  regulations  to  'be 
made  by  the  officers  with  wliom  the  same  are  filed. 

Sec.  527.  (Sec.  1316.)  When  Certificate  to  Be  Filed.— 
Certificates  of  nomination  to  be  filed  with  the  Secretary 
of  State  must  be  filed  not  more  than  sixty  days  and  less 
than  thirty  days  before  the  day  fixed  by  law  for  the 
election.  Certificates  of  nomination  herein  directed  to 
be  filed  with  the  County  Clerk  must  be  filed  not  more 
than  sixty  days  and  not  less  than  twenty  days  before 
the  election;  certificates  of  the  nomination  of  candidates 
for  municipal  offices  must  be  filed  with  the  clerks  of  the 
respective  municipal  corporations  not  more  than  thirty 
days  and  not  less  than  three  days  previous  to  the  day 
of  election;  but  the  provisions  of  this  section  shall  not 
be  held  to  apply  to  nominations  for  special  elections  to 
fill  vacancies. 

Sec.  528.  (Sec.  1317.)  Secretary  of  State  to  Certify  to 
County  Clerk  Names  of  Persons  Nominated. — Not  less 
than  twenty  nor  more  than  thirty  days  before  an  election 
to  fill  any  public  office,  the  Secretary  of  State  must  certify 
to  the  County  Clerk  of  each  county  within  which  any  of 
the  electors  may  by  law  vote  for  candidates  for  such 
office,  the  name  and  description  of  each  person  nominated, 
as  specified  in  the  certificates  of  nomination  filed  with 
the   Secretary  of   State. 

Sec.  529.  (Sec.  13 19.)  Candidates  May  Decline  Ten 
Days  Before  Election. — In  Municipal  Election  Two  Days. — 
Whenever  any  person  nominated  for  public  office,  as  in 
this  chapter  provided,  shall  at  least  ten  days  before 
election,  except  in  the  case  of  municipal  elections,  in 
writing,    signed    by    him,    notify    the    officer    with    whom 


Procedure. 


80  >  ELECTION  LAWS 

the  certificate  nominating  him  is  by  this  chapter  to  'be 
filed,  that  he  declines  such  nomination,  such  nomination 
shall  be  void.  In  municipal  elections,  such  declination 
must  be  made  at  least  two  days  before  the  election. 

Sec.  530.  (Sec.  1320.)  Vacancies  May  Be  Filled  by 
Further  Certificates. — If  any  person  so  nominated  dies 
before  the  printing  of  the  tickets,  or  declines  the  nomina- 
tion as  in  this  chapter  provided,  or  if  any  certificate  of  ' 
nomination  is  or  becomes  insufficient  or  inoperative  from 
any  cause,  the  vacancy  or  vacancies  thus  occasioned  may 
be  filled  in  the  manner  required  for  original  nomination, 
jf  the  original  nomination  was  made  by  a  party  con- 
vention which  had  delegated  to  a  committee  the  power 
to  fill  vacancies,  such  committee  may,  upon  the  occurring 
of  such  vacancies,  proceed  to  fill  the  same.  The  chair- 
Duty  of  secretary  man  and  secretary  of  such  committee  must  thereupon 
make  and  file  with  the  proper  officer  a  certificate  setting 
forth  the  cause  of  the  vacancy,  the  name  of  the  person 
ncminated,  the  office  for  which  he  was  nominated,  the 
name  of  the  person  for  whom  the  new  nominee  is  to  be 
substituted,  the  fact  that  the  committee  was  authorized 
to  fill  vacancies,  and  such  further  information  as  is  re- 
quired to  be  given  in  an  original  certificate  of  nomination. 
The  certificate  so  made  must  be  executed  in  the  manner 
prescribed  for  the  original  certificate  of  nomination,  and 
has  the  same  force  and  effect  as  an  original  certificate  of 
nomination.  When  such  certificate  is  filed  with  the  Sec- 
retary of  State,  he  must,  in  certifying  the  nominations 
to  the  various  County  Clerks,  insert  the  name  of  the 
person  who  has  thus  been  nominated  to  fill  the  vacancy 
in  place  of  the  name  of  the  original  nominee.  And  in 
the  event  he  has  already  transmitted  his  certificate,  he 
must  forthwith  certify  to  the  Clerks  of  the  proper  counties 
the  name  and  description  of  the  person  so  nominated  to 
fill  a  vacancy,  the  office  he  is  nominated  for,  the  party 
or  political  principle  he  represents,  and  the  name  of  the 
person  for  whom  such  nominee  is  substituted. 

Constitutional  ^ec.   531.      (Sec.    1321.)      How   Questions   Submitted   to 

amendments.  Electors    May   Be    Certified. — Whenever   a   proposed    con- 

stitution or  constitutional  amendment,  or  other  question, 
is  to  be  submitted  to  the  people  of  the  State  for  popular 


STATE  OF  MONTANA  81 


vote,  the  Secretary  of  State  must  duly,  and  not  less  than 
thirty  days  before  election,  certify  the  same  to  the  Clerk 
of  each  county  in  the  state,  and  the  Clerk  of  each  county 
must  include  the  same  in  the  publication  provided  for  in 
Sec.  1318  of  this  chapter.  Questions  to  be  submitted  to 
the  people  of  a  county  or  municipality  must  be  advertised 
as  provided  for  nominees   for  office  by  said   Sec.   13 18. 

Sec.  532.  (Sec.  1322.)  Errors,  How  Corrected. — When- 
ever it  appears  by  affidavit  that  an  error  or  omission  has 
occurred  in  the  publication  of  the  name  or  description 
of  a  candidate  nominated  for  office,  or  in  the  printing 
of  the  ballots,  the  District  Court  of  the  county  may, 
upon  application  of  any  elector,  by  order  require  the 
County  or  Municipal  Clerk  to  correct  such  error,  or  to 
show  cause  why  such  error  should  not  be  corrected. 


PRIMARY   ELECTIONS. 

Section  533.  Qualification    of    Voters    at    Primary    Election. 

534.  Who  Entitled  to  Vote. 

535.  Judges. 

536.  Clerk. 

537.  Challenges — Oaths— Penalty. 

538.  Fraudulent  Voting   or   Counting. 

539.  Unlawful    Interference. 

540.  Penalities. 

Sec.  533.  (Sec.  1330.)  Qualification  of  Voters  at  Pri- 
mary Election. — No  person  shall  be  entitled  to  vote  at 
any  caucus,  primary  meeting  or  election  held  by  any 
political  party  except  he  be  an  elector  of  the  State  and 
county  within  which  such  caucus,  primary  meeting  or 
election  is  held,  and  a  legal  resident  of  the  precinct  or 
district  within  which  such  caucus  primary  meeting  or  elec- 
tion is  held,  and  the  limits  of  which  said  precinct  or  district 
of  any  other  political  party  whose  candidates  are  to  be 
or  have  been  nominated,  and  to  be  voted  for  at  the  same 
general  or  special  election. 

Sec.  534.  Who  Not  Entitled  to  Vote. — No  person  shall 
be  entitled  to  vote  at  any  caucus  primary  meeting  or  elec- 
tion who  is  not  identified  with  the  political  party  holding 
such  caucus,  primary  meeting  or  election,  or  who  does 
not  intend  to  act  with  such  political  party  at  the  ensuing 


82  ELECTION  LAWS 


Powers. 


election,  whose  candidates  are  to  be  nominated  at  such 
caucus  or  primary  meeting.  And  no  person  having  voted 
at  any  primary  meeting  or  election  of  any  political  party 
w^hose  candidates  are  to  be  or  have  been  nominated,  shall 
be  permitted  to  vote  at  the  primary  meeting  or  election 
of  any  political  party  whose  candidates  are  to  be  or  have 
been  nominated,  shall  be  permitted  to  vote  at  the  primary 
meeting  or  election  of  any  other  political  party  whose 
candidates  are  to  be  or  have  been  nominated  and  to  be 
voted  for  at  the  same  general  or  special   election. 

Sec.  535.  Judges. — Three  judges,  who  shall  be  legal 
voters  in  the  precinct  where  such  caucus  or  primary  meet- 
ing is  held,  shall  be  chosen  by  the  qualified  voters  of 
said  precinct  or  district,  who  are  present  at  the  opening 
of  such  caucus  or  primary  meeting,  and  said  judges  shall 
be  empowered  to  administer  oaths  and  affirmations,  and 
they  shall  decide  all  questions  relating  to  the  qualifica- 
tions of  those  voting  or  offering  to  vote  at  such  caucus 
or  primary  meeting,  and  they  shall  correctly  count  all 
votes  cast  and  certify  the  results  of  the  same. 

Sec.  536.  (Sec.  1333.)  Clerk. — The  judges  shall  select 
one  of  their  number  who  shall  act  as  clerk,  and  the  clerlf 
must  keep  a  true  record  of  each  and  every  person  voting, 
with  their  residence,  giving  the  street  and  number  and 
postoffiice   address. 

Sec.  537.  Challenges — Oath — Penalty. — Any  qualified 
voter  may  challenge  the  right  of  any  person  offering  ta 
vote  at  such  caucus  or  primary  meeting,  and  in  the  event 
of  such  challenge,  the  person  challenged  shall  swear  to 
and  subscribe  an  oath  administered  by  one  of  the  judges, 
which  oath   shall  be  substantially  as   follows: 

"I  do  solemnly  swear  that  I  am  a  citizen  of  the  United 
States  and  am  an  elector  of  this  county  and  of  this  pre- 
cinct where  this  primary  is  now  being  held;  that  I  have 
been  and  now  am  identified  with  the  party,  or  that  it  is 
my  intention  bona  fide  to  act  with  the  party  and  identify 
myself  with  the  same  at  the  ensuing  election,  and  that 
I  have  not  voted  at  any  primary  meeting  or  election  of 
any  other  political  party  whose  candidates  are  to  be 
voted  for  at  the  next  general  or  special  election." 


STATE  OF  MONTANA  8-^ 

If  the  challenged  party  takes  the  oath  above  prescribed 
he  is  entitled  to  vote ;  Provided,  in  case  a  person  taking 
the  oath  as  aforesaid  shall  intentionally  make  false  an- 
swers to  any  questions  put  to  him  by  any  of  the  judges  ^^^J^'^ 
concerning  his  right  to  vote  at  such  caucus  or  primary 
meeting  or  election,  he  shall  upon  conviction  be  deemed 
guilty  of  perjury  and  shall  be  punished  by  imprisonment 
in  the  penitentiary  for  a  term  of  not  less  than  one  year 
nor  more   than   three   years. 

Sec.  538.  (Sec.  1335.)  Fraudulent  Voting  or  Count- 
ing.— It  shall  be  unlawful  for  any  judge  of  any  caucus  or 
primary  meeting  or  prirnary  election  to  knowingly  receive 
the  vote  of  any  person  who  he  knows  is  not  entitled  to 
vote,  or  to  fraudulently  or  wrongfully  deposit  any  ballot 
or  ballots  in  the  ballot  box  or  take  any  ballot  or  ballots 
from  the  ballot  box  of  said  caucus  or  primary  election, 
or  fraudulently  or  wrongfully  mix  any  ballots  with  those 
cast  at  such  caucus  or  primary  election,  or  knowingly 
make  any  false  count,  canvass,  statement  or  return  of  the 
ballots  cast  or  vote  taken  at  such  caucus  or  prmiary  elec- 
tion. 

Sec.  539.  (Sec.  1336.)  Unlawful  Interference. — No  per- 
son shall,  by  bribery  or  other  improper  means  or  device, 
directly  or  indirectly,  attempt  to  influence  any  elector 
in  the  casting  of  any  ballot  at  such  caucus  or  primary 
meeting,  or  deter  him  in  the  deposit  of  his  ballot,  or 
interfere  or  hinder  any  voter  at  such  caucus  or  primary 
meeting  in  the  full  and  free  exercise  of  his  right  of 
suffrage  at   such   caucus   or   primary   meeting. 

Sec.  540.  Penalties. — Any  person  or  persons  violating 
any  of  the  provisions  of  this  act,  except  as  provided  i  .  Misdemeanors. 
Sec.  537  (1334)  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  fifty  dollars  nor  more  than  two  hundred  and 
fifty  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  three  months  nor  more  than  twelve  months, 
or  by  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court. 

(See   also  Direct   Primaries.) 


how 


ELECTION  LAWS 

BALLOTS    AND    VOTING. 

(Sections  refer  to   Revised  Codes  of   1907;   Sections  in 
brackets   refer  to   Codes   of   1895.) 
Section  541.     Ballots — How    Printed   and   Distributed. 

542.  County   Clerk   to   Print   Ballots— Electors   May   Vote 

for    Any    Person, 

543.  Municipal    Clerk    to    Act    in    Municipal    Elections. 

544.  Pasters    to   be   Printed   and   Distributed   Where   Va- 

cancy   Has    Been    Filled. 

545.  Form    of    Ballots. 

546.  Number     of     Ballots     to     be     Provided     in     Each 

District. 

547.  Clerk    to    Deliver    Ballots    and    Stamps    to    Judges 

of    Election — Stamps — What   to    Contain. 

548.  Sufficient    Booths    or    Compartments    Must    be    Fur- 

nished. 

549.  Elector    to    Cast    His    Ballot    Without    Interference. 

550.  Expenses    of    Providing    Places    for    Election. 

551.  Delivery    of    Official    Ballots    ta    Elector. 

552.  Method  of  Voting. 

553.  Only  One  Person  to  Occupy  Booth — and  no  Longer 

Than    Five    Minutes. 

554.  Spoiled  Ballot 

555.  Judges  May  Aid  Disabled  Elector. 

556.  Voting — When    to    Commence    and    Continue. 

557.  Manner   of    Voting. 

558.  Announcement    of    Voter's    Name. 

559.  Putting    Ballot    in    Box. 

560.  Record   That  Person   Has   Voted — How   Kept. 

561.  List    of    Voters. 

562.  Grounds    of    Challenge. 

563.  Proceedings    on    Challenges    for    Want    of    Identity. 

564.  Same-  on   Challenges   for   Having  Voted   Before. 

565.  Same  on   Ground   of   Conviction  of   Crime. 

566.  Challenges — How   Determined. 

567.  Trial    of    Challenges. 

568.  If    Person    Refuses    to   be    Sworn — Vote    to   be    Re- 

jected. 

569.  Proceedings    Upon    Determination    of  Challenges. 

570.  List    of    Challenges    to    be    Kept. 

571.  Persons   Not   Entitled   to  Vote. 

Sec.  541.  (Sec.  1350.)  Ballots,  How  Printed  and  Dis- 
tributed.— All  ballots  cast  in  elections  for  public  officers 
Vvithin  the  State  (except  school  district  ofifi'cers),  must 
be  printed  and  distributed  at  public  expense  as  provided 
in  this  chapter.  The  printing  of  ballots  and  cards  of 
instruction  for  the  elections  in  each  county,  and  the  de- 


STATE  OF  MONTANA  85 

livery  of  the  same  to  the  election  officers  is  a  county- 
charge,  and  the  expense  thereof  must  be  paid  in  the  same 
manner  as  the  payment  of  other  county  expenses,  but  the 
expense  of  printing  and  delivering  the  ballots  must,  in 
the  case  of  municipal  elections,  be  a  charge  upon  the  city 
or  tov^n  in  which  such  election  is  held.  "'■ 

Sec.  542.  (Sec.  135 1.)  County  Clerk  to  Print  Ballots- 
Elector  May  Vote  for  Any  Person. — Except  as  in  this  chap- 
ter otherwise  provided,  it  is  the  duty  of  the  County  Clerk  of 
each  county  to  provide  printed  ballots  for  every  election  for 
public  officers  in  which  electors  or  any  of  the  electors  or%aste™namr"on 
within  the  county  participate,  and  to  cause  to  be  printed  ^^"^^ 
in  the  ballot  the  name  of  every  candidate  whose  name 
lias  been  certified  to  or  filed  with  the  County  Clerk  in 
the  manner  provided  for  in  this  chapter.  ^  Ballots  other 
than  those  printed  by  the  respective  County  Clerks  ac- 
cording to  the  provisions  of  this  chapter  must  not  be 
cast  or  counted  in  any  election.  Any  elector  may  write 
or  paste  on  his  ballot  the  name  of  any  person  for  whom 
he  desires  to  vote  fbr  any  office,  and  must  mark  the  same 
as  provided  in  Section  552  (1361),  and  such  vote  must  be 
counted  the  same  as  if  printed  upon  the  ballot  and  marked 
by  the  voter,  and  any  voter  may  take  with  him  into  the 
polling  place  any  printed  or  written  memorandum  or  paper 
to  assist  him  in  marking  or  preparing  his  ballot,  except 
as   otherwise  provided   in   this   title. 

Sec.    543.      (Sec.    1352.)      Municipal    Clerks    to    Act   in  ^^^  ^^  '^°^""- 
Municipal  Elections. — In  all  municipal  elc  .ions  the   City 
Clerk  must  perform  all  the  duties  pre^  .ibed  for  County 
Clerks  in  this  title. 

Sec.  544.  (Sec.  1353.)  Paster*^  to  Be  Printed  and  Dis- 
tributed Where  Vacancy  Ha*^  Been  Filled. — When  any  Duty  of  Election 
vacancy  occurs  before  election  day  and  after  the  printing 
of  the  ballots,  and  any  person  is  nominated  according  to 
the  provisions  of  this  title  to  fill  such  vacancy,  the  officer 
whose  duty  it  is  to  have  the  ballots  printed  and  dis- 
tributed must  thereupon  have  printed  a  requisite  number 
of  pasters  containing  the  name  of  the  new  nominee  and 
must  mail  them  by  registered  letter  to  the  judges  of 
election  in  the  various  precincts  interested  in  such  elec- 
tion, and   the  judges  of  election   whose   duty   it   is  made 


86 


ELECTION  LAWS 


Placing 
candidates 


by  the  provisions  of  this  title  to  distribute  the  ballots 
must  affix  such  pasters  over  the  name  for  which  substitu- 
tion is  made,  in  the  proper  place  on  each  ballot  before 
it  is  given  out  to  the  elector. 
of  Sec.  545.  (Sec.  1354.)  Form  of  Ballots.— Ballots  pre- 
pared under  the  provisions  of  this  chapter  must  be  white 
in  'Color  and  of  a  good  quality  of  paper,  and  the  names 
must  be  printed  thereon  in  black  ink.  The  ballots  used 
in  any  one  county  'must  be  uniform  in  size,  and  every 
ballot  must  contain  the  names  of  every  candidate  whose 
nomination  for  any  special  office  specified  in  the  ballot 
has  been  certified  or  filed  according  to  the  provisions 
of  this  title,  and  no  other  names.  The  list  of  candidates 
of  the  several  parties  shall  be  placed  in  separate  columns 
of  the  ballot,  in  such  order  as  the  authorities  charged 
with  the  printing  of  the  ballots  shall  decide.  As  near  as 
possible  the  ballot  shall  be  in  the  following  form:  (Stub 
hereinafter  provided  for  in  this  section.) 


Perforated  line. 


DEMOCRATIC 

REPUBLICAN 

LABOR  PARTY 

For  Governor 

For  Governor 

For  Governor 

Joseph  K.  Toole 

John  E.  Richards 

Fred   Whiteside 

t 

For 

Lieut.  Governor 

For    Lieut.  Governor 
Alex   Botkin 

For 

Lieut.  Governor 

Frank  C.   Higgins 

For  Sec,  of  State 
Geo.  M.  Hays 

For  Sec.  of  State 
Louis  Rotwitt 

For  Sec.  of  State 
W.  R.  Allen 

STATE  OF  MONTANA  87 

And  continuing  in  like  manner  as  to  all  candidates  to  be 
voted  for   at   such   election. 

Every  ballot  must  also  contain  the  name  of  the  party, 
o^   nrinciple    v^hich    the    candidate    in   the    respective    col-    • 

^  ^  .        ,    .         ,  .^  .  .      Candidate's     name 

umns  represent,  as  contamed  m  the  certificates  of  nomi-  to  appear  under 

J[         .  ,     -    ,  ,  ,  .  .      but  one  party 

nation ;  Provided,  hov^ever,  that  where  any  person  is  nomi-  designaUon. 
nated  for  the  same  office  by  more  than  one  party  or  con- 
vention his  name  shall  be  placed  upon  the  ticket  under  the 
designation  of  the  party  which  first  nominated  him,  unless 
he  declines,  in  writing  one  or  more  of  such  nominations, 
or  by  written  election  indicates  the  party  designation  un- 
der which  he  desires  his  name  to  be  printed,  or  if  he 
was   nominated    by    more   than   one   party   or    convention  ' 

at  "the  same  time  shall,  within  the  time  fixed  by  law  for 
filing  certificates  of  nomination,  file  with  the  officer  with 
whom  his  certificate  of  nomination  is  required  to  be  filed 
a  written  election  indicating  the  party  designation  under 
which  he  desires  his  name  to  be  printed  on  the  ballot, 
and  it  shall  be  so  printed.  If  he  shall  fail  or  neglect  to 
so  file  such  an  election,  the  officer  with  whom  the  cer- 
tificate of  nomination  is  required  to  be  filed  shall  place 
his  name  under  the  designation  of  either  of  the  parties 
by  which  he  was  nominated,  but  under  no  other  designa- 
tion whatever,  and  no  person  who  has  been  nominated 
by  petition  or  otherwise  shall  have  his  name  printed  upon 
the  ticket  if  the  same  already  appears  under  a  party  desig- 
nation. Below  the  names  of  candidates  for  each  office 
there  must  be  left  a  blank  space  large  enough  to  contain 
as  many  written  names  of  candidates  as  there  are  persons 
to  be  elected.  There  must  be  a  margin  on  each  side 
of  at  least  half  an  inch  in  width,  and  a  reasonable  space 
between  the  names  printed  thereon,  so  that  the  voter  may 
clearly  indicate,  in  the  way  hereinafter  provided,  the  can- 
didate or  candidates  for  whom  he  wishes  to  cast  his 
ballot.  The  ballot  shall  be  printed  oji  the  same  leaf 
with  a  stub,  and  separated  therefrom  by  a  perforated 
line.  The  part  above  the  perforated  line,  designated  as 
the  stub,  shall  extend  the  entire  width  of  the  ballot  and 
shall  be  of  sufficient  depth  to  allow  the  following  in- 
structions to  voters  to  be  printed  thereon,  such  depth 
to  be  not  less  than  two  inches  from  the  perforated  line 


ELECTION  LAWS 


Ballots    to    be 
uniform. 


County    or    city- 
clerks    to    prepare 
ballots. 


to  the  top  thereof,  upon  the  face  of  which  stub  shall  be 
printed,  in  type  known  as  brevier  capitals,  the  following: 
"This  ballot  should  be  marked  with  an  "X"  in  the  square 
before  the  name  of  each  person  or  candidate  for  whom 
the  elector  intends  to  vote.  In  cases  of  a  ballot  contain- 
ing a  constitutional  amendment,  or  other  question  to  be 
submitted  to  a  vote  of  the  people  by  marking  an  "X" 
in  the  square  before  the  answer  of  the  question  or  amend- 
ment submitted.  The  elector  may  write  in  the  blank 
spaces,  or  paste  over  another  name,  the  name  of  any 
person  for  whom  he  wishes  to  vote,  and  vote  for  such 
person  by  marking  an  "X"  in  the  square  before  such 
name.  On  the  back  of  the  stub  shall  be  printed  or  stamped 
by  the  County  Clerk,  or  other  officer  whose  duty  it  is  to 
provide  the  ballots,  the  consecutive  number  of  the  ballot, 
beginning  with  number  **i,"  and  increasing  in  regular 
numerical  order  to  the  total  number  of  ballots  required 
for  the  precinct.  All  of  the  official  ballots  of  the  same 
sort  prepared  by  any  officer  or  board  for  the  same  bal- 
loting place,  shall  be  of  precisely  the  same  size,  arrange- 
ment, quality  and  tint  of  paper,  and  kind  of  type,  and 
shall  be  printed  in  black  ink  of  the  same  tint,  so  that 
when  the  stubs,  numbered  as  aforesaid,  shall  be  de- 
tached therefrom  it  shall  be  impossible  to  distinguish 
any  one  of  the  ballots  from  the  other  ballots  of  the  same 
sort,  and  the  names  of  all  candidates  printed  upon  the 
ballots  shall  be  in  type  of  the  same  size  and  character. 
Whenever  the  Secretary  of  State  has  duly  certified  to 
the  County  Clerk  any  question  to  be  submitted  to  the 
vote  of  the  people,  the  County  Clerk  must  print  the  ballot 
in  such  form  as  will  enable  the  electors  to  vote  upon 
the  question  so  presented  in  the  manner  in  this  title  pro- 
vided. The  County  Clerk  must  also  prepare  the  necessary 
ballots  whenever  any  question  is  required  by  law  to  be 
submitted  to  the  electors  of  any  locality,  and  any  of  the 
electors  of  the  State  generally,  except  that  as  to  all  ques- 
tions submitted  to  the  electors  of  a  municipal  corporation 
alone,  the  City  Clerk  must  prepare  the  necessary  ballots. 
(Act  March  5,   1907,  Sec.  2,  Laws   1907,   Chap.  88.) 


STATE  OF  MONTANA  89 

Sec.  546.  (Sec.  1355.)  Number  of  Ballots  to  Be  Pro-  ^^^^^1%^^^  ballots 
vided  for  Each  Precinct. — The  County  Clerk  must  pro- 
vide for  each  election  precinct  in  the  county  one  and 
one-half  times  as  many  ballots  as  there  are  electors  regis- 
tered in  the  precinct.  If  there  is  no  registry  in  the 
precinct  the  County  Clerk  must  provide  ballots  to  the 
number  of  one  and  one-half  times  the  number  of  electors 
who  voted  at  the  last  preceding  election  in  the  precinct. 
He  must  keep  a  record  in  his  office,  showing  the  exact 
number  of  ballots,  with  numbered  stubs  attached,  that 
are  delivered  to  the  judges  of  each  precinct.  In  municipal 
elections  it  is  the  duty  of  the  City  Clerk  to  provide  ballots 
as  specified  in  this  section.  (Act  March  5,  1907,  Sec.  3, 
Laws   1907,   Chap.  88.) 

Sec.  547.  (Sec.  1356.)  Clerk  to  Deliver  Ballots  and 
Stamps  to  Judges  of  Election— Stamp,  What  to  Contain.— 
Before  the  opening  of  the  polls,  the  County  Clerk,  or 
the   City   Clerk  in   the  case  of  municipal   elections,   must  ^ 

deliver  to  the  judges  of  each  election  precinct  which  is 
within  the  county  (or  within  the  municipality  in  case 
of  municipal  election)  and  in  which  the  election  is  to  be 
held,  at  the  polling  place  of  the  precinct,  the  proper  num- 
ber of  ballots  as  provided  for  in  Sec.  546  (1355)  of  this 
chapter.  He  must  also  deliver  to  said  judges  a  rubber 
or  other  stamp  with  ink  pad  for  the  purpose  of  stamping 
or  designating  the  official  ballots,  as  hereinafter  provided. 
Said  stamp  must  contain  the  words  "Official  Ballot,"  the 
name  or  number  of  the  election  precinct,  the  name  of  the 
county,  the  date  of  the  election,  and  name  and  official 
designation  of  the  clerk  who  furnishes  the  ballots.  The 
judge  of  election  to  whom  the  stamps  and  ballots  are  to  whom  ballots 
given  pursuant  to  this  section  must  be  the  same  person  dSwe^r^d™^^  ^°  ^^ 
who  may  be  designated  by  the  Commissioners  to  post 
the  notices  required  by  Section  506  (1266)  of  this  code. 
But  in  case  it  be  impracticable  to  deliver  such  stamps 
and  ballots  to  such  judge,  then  they  may  be  delivered 
to  some  other  one  of  the  judges  of  election. 

Sec.  548.  Sufficient  Booths  or  Compartments  Must  Be 
Furnished. — All  officers  upon  whom  is  imposed  by  law 
the  duty  of  designating  the  polling  places,  must  provide 
in  each  polling  place  designated  by  them,  a  suffiicient  num- 


90 


ELECTION  LAWS 


Screened    Tottng 
Booths. 


Secrecy    of    baHot. 


ber  of  places,  booths  or  comipartments,  each  booth  or 
compartment  to  be  furnished  with  a  door  or  curtain 
sufficient  in  character  to  screen  the  voter  from  observa- 
tion, and  must  be  furnished  with  such  supplies  and  con- 
veniences as  shall  enable  the  elector  to  prepare  his  ballot 
for  voting,  and  in  which  electors  must  mark  their  ballots, 
screened  from  observation,  and  a  guard  rail  so  constructed 
that  only  persons  within  such  rail  can  approach  within 
ten  feet  of  the  ballot  boxes,  or  the  places,  booths  or  com- 
partments herein  provided  for.  The  number  of  such 
places,  booths  or  compartments  must  not  be  less  than 
one  for  every  fifty  electors,  or  fraction  thereof,  registered 
in  the  precinct.  In  precincts  containing  less  than  twenty- 
five  registered  voters,  the  election  may  be  conducted 
under  the  provisions  of  this  chapter  without  the  prepara- 
tion of  such  booths  or  compartments,  as  required  by  this 
section. 

Sec.  549.  Elector  to  Cast  His  Ballot  Without  Inter- 
ference.— No  person  other  than  electors  engaged  in  re- 
ceiving, preparing  or  depositing  their  ballots,  or  a  person 
present  for  the  purpose  of  challenging  the  vote  of  an 
elector  about  to  cast  his  ballot,  is  permitted  to  be  within 
said  rail ;  and  in  cases  of  small  precincts  where  places, 
booths  or  compartments  are  not  required,  no  person  en- 
gaged in  preparing  his  ballot  shall,  in  any  way,  be  in- 
terfered with  by  any  person,  unless  it  be  someone  au- 
thorized by  the  provisions  of  this  'chapter  to  assist  him 
in  preparing  his  ballot;  nor  shall  any  officer  of  election 
do  any  electioneering  on  election  day.  No  person  what- 
soever shall  do  any  electioneering  on  election  day,  within 
any  polling  place,  or  any  building  in  which  an  electio'n 
is  being  held,  or  within  twenty-five  feet  thereof;  said 
space  of  twenty-five  feet  to  be  protected  by  ropes  and 
kept  free  of  trespassers;  nor  shall  any  person  obstruct 
the  doors  or  entries  thereto,  or  prevent  free  ingress  to 
and  egress  from  said  building.  Any  election  officer. 
Sheriff,  Constable  or  other  peace  officer  is  hereby  au- 
thorized and  empowered,  and  it  is  hereby  made  his  duty, 
to  clear  the  passageway  and  prevent  such  obstruc- 
tion, and  to  arrest  any  person  so  doing.  No  person  shall 
remove  any  ballot  from  the  polling  place  before  the  clos- 


STATE  OP  MONTANA  91 

ing  of  the  polls.  No  person  shall  show  his  ballot  after 
it  is  marked  to  any  person  in  such  a  way  as  to  reveal 
the  contents  thereof,  or  the  name  of  the  candidate  or 
candidates  for  whom  he  has  marked  his  vote;  nor  shall 
any  person  solicit  the  elector  to  show  the  same ;  nor  shall 
any  person,  except  the  judge  of  election,  receive  from 
any  elector  a  ballot  prepared  for  voting.  No  elector  shall 
receive  a  ballot  from  any  other  person  than  one  of  the 
judges  of  election  having  charge  of  the  ballots;  nor  shall 
any  person  other  than  such  judge  of  election  deliver  a 
ballot  to  such  elector.  No  elector  shall  vote,  or  offer 
to  vote,  any  ballot  except  such  as  he  has  received  from 
the  judges  of  election  having  charge  of  the  ballots.  No 
elector  shall  place  any  mark  upon  his  ballot  by  which 
it  may  afterwards  be  identified  as  the  one  voted  by  him. 
Every  elector  who  does  not  vote  a  ballot  delivered  to 
him  by  the  judges  of  election  having  charge  of  the  ballots, 
shall,  before  leaving  the  polling  place,  return  such  ballot 
to  such  judges. 

Sec.  550.  Expenses  of  Providing  Places  for  Election. — 
The  expense  of  providing  such  places  or  compartments, 
ropes  and  guard  rails  is  a  public  charge,  and  must  be 
provided  for  in  the  same  manner  as  the  other  election 
expenses. 

Sec.  551.  Delivery  of  Official  Ballots  to  Elector. — At 
any  election  the  judges  of  election  must  designate  two 
of  their  number  whose  duty  it  is  to  deliver  ballots  to  Directions  to 
the  qualified  electors.  Before  delivering  any  ballot  to 
an  elector,  the  said  judges  must  print  on  the  back,  and 
near  the  top  of  the  ballot,  with  the  rubber  or  other  stamp 
provided  for  the  purpose,  the  designation  "official  ballot" 
and  the  other  words  on  same,  as  provided  for  in  Section 
547  (1356)  of  this  chapter;  and  the  clerks  must  enter  on 
the  poll  list  the  name  of  such  elector  and  the  number 
of  the  stub  attached  to  the  ballot  given  him.  Each  quali- 
fied elector  must  be  entitled  to  receive  from  the  judges 
one  ballot.  (Act  March  5,  1907,  Sec.  4,  Laws  1907, 
Chap.  88.) 

Sec.  552.     Method  of  Voting. — On  receipt  of  his  ballot 


the   elector  must    forthwith,   without   leaving   the    polling 
place  and  within   the  guard  rail   provided,  and  alone,   re- 


How  to  vote. 


92  ELECTION  LAWS 


tire  to  one  of  the  places,  booths  or  compartments,  if  such 
are  provided,  and  prepare  his  ballot.  He  shall  prepare 
his  ballot  by  marking  an  "X"  in  the  square  before  the 
name  of  the  person  or  persons  for  whom  he  intends  to 
vote.  In  case  of  a  ballot  containing  a  constitutional 
amendment,  or  other  question  to  be  submitted  to  the 
vote  of  the  people,  by  marking  an  "X"  in  the  square 
before  the  answer  of  the  question,  or  amendment  sub- 
mitted. The  elector  may  write  in  the  blank  spaces,  or 
paste  over  any  other  name,  the  name  of  any  person  for 
whom  he  wishes  to  vote,  and  vote  for  such  person  by 
marking  an  **X"  before  such  name.  No  elector  is  at 
liberty  to  use  or  bring  into  the  polling  place  any  unofficial 
sample  ballot.  After  preparing  his  ballot,  the  elector 
must  fold  it  so  the  face  of  the  ballot  will  be  concealed 
and  so  that  the  endorsement  stamped  thereon  may  be 
seen,  and  hand  the  same  to  the  judges  in  charge  of  the 
ballot  box,  who  shall  announce  the  name  of  the  elector 
and  the  printed  or  stamped  number  on  the  stub  of  the 
official  ballot  so  delivered  to  him,  in  a  loud  and  distinct 
tone  of  voice.  If  such  elector  be  entitled  then  and  there 
to  vote,  and  if  such  printed  or  stamped  number  is  the 
same  as  that  entered  on  the  poll  list  as  the  number  on 
the  stub  of  the  offiicial  ballot  last  delivered  to  him  by 
the  ballot  judge,  such  judge  shall  receive  such  ballot, 
and,  after  removing  the  stub  therefrom  in  plain  sight 
of  the  elector  and  without  removing  any  other  part  of 
the  ballot,  or  in  any  way  exposing  any  part  of  the  face 
thereof  below  the  stub,  shall  deposit  each  ballot  in  the 
proper  ballot  box  for  the  reception  of  voted  ballots,  and 
the  stubs  in  a  box  for  detached  ballot  stubs.  Upon 
voting,  the  elector  shall  forthwith  pass  outside  the  guard 
rail,  unless  he  be  one  of  the  persons  authorized  to  remain 
within  the  guard  rail  for  other  purposes  than  voting. 
(Act.   March  5,   1907,  Sec.   5;  Laws   1907,  Chap.  88.) 

Sec.  553.  (Sec.  1362.)  Only  One  Person  to  Occupy 
Booth,  and  no  Longer  Than  Five  Minutes.— No  more 
than  one  person  must  be  allowed  to  occupy  any  one 
booth  at  one  time,  and  no  person  must  remain  in  or 
occupy  a  booth  longer  than  may  be  necessary  to  prepare 
his   ballot,   and   in   no   event  longer  than   five   minutes,   if 


STATE  OF  MONTANA  93 

the  other  booths  or  compartments  are  occupied. 

Sec.  554.  (Sec.  1363.)  Spoiled  Ballot.— Any  elector 
who  by  accident  or  mistake  spoils  his  ballot,  may,  on 
returning  said  spoiled  ballot,  receive  another  in  place 
thereof. 

Sec.  555.  Judges  May  Aid  Disabled  Elector. — Any 
elector  who  declares  to  the  judges  of  election,  or  when 
it  appears  to  the  judges  of  election  that  he  cannot  read 

^^  ^,,.,  1  1-1    Elector     unable    to 

or  write,  or  that  because  of  blindness  or  other  physical  read,  procedure, 
disability  he  is  unable  to  mark  his  ballot,  but  for  no 
other  cause,  must  upon  request  receive  the  assistance  of 
two  of  the  judges,  who  shall  represent  different  parties, 
in  the  marking  thereof,  and  such  judges  must  certify 
on  the  outside  thereof  that  it  was  so  marked  with  their 
assistance,  and  must  thereafter  give  no  information  re- 
garding the  same.  The  judges  must  require  such  dec- 
laration of  disability  to  be  made  by  the  elector  under  oath 
before  them,  and  they  are  hereby  authorized  to  ad- 
minister the  same.  No  elector  other  than  the  one  who 
may,  because  of  his  inability  to  read  or  write  or  of  his 
blindness  or  physical  disability,  be  unable  to  mark  his 
ballot,  must  divulge  to  anyone  within  the  polling  place 
the  name  of  any  candidate  for  whom  he  intends  to  vote, 
or  ask  or  receive  any  assistance  of  any  person  within  the 
polling  place  in  the  preparation  of  his  ballot. 

Sec.  556.  (Sec.  1365.)  Voting,  When  to  Commence 
and  Continue. — Voting  may  commence  as  soon  as  the 
polls  are  open,  and  may  be  continued  during  all  the  time 
the  polls  remain  open. 

Sec.  557.  (Sec.  1366.)  Manner  of  Voting. — The  person 
offering  to  vote  must  hand  his  ballot  to  the  judges  and 
announce  his  name,  and  in  incorporated  cities  and  towns 
any  such  person  must  also  give  the  name  of  the  street, 
avenue  or  location  of  his  residence,  and  the  number 
thereof,  if  it  be  numbered,  or  such  clear  and  definite 
description  of  the  place  of  such  residence  as  shall  defi- 
nitely fix  the  same. 

Sec.  558.  (Sec.  1367.)  Announcement  of  Voter*s 
Name. — The  judges  must  receive  the  ballot,  and  before 
depositing  it  in  the  ballot  box  must,  in  an  audible  tone 
of  voice,  announce  the  name,  and  in   incorporated  towns 


94  ELECTION  LAWS 

-  and  cities  the  judges  must  also  announce  the  residence 
of  the  person  voting,  and  the  same  must  he  recorded 
on   each   poll   book. 

Sec.  559.  (Sec.  1368.)  Putting  Ballot  in  Box. — If  the 
name  be  found  on  the  official  register  in  use  at  the  pre- 
cinct where  the  vote  is  offered,  or  that  the  person 
offering  to  vote  produce  and  surrender  a  proper  registry 
certificate,  and  the  vote  is  not  rejected  upon  a  challenge 
taken,  the  judges  must  immediately  and  publicly,  in  the 
presence  of  all  the  judges,  place  the  ballot,  without  open- 
ing or  examining  the  same,  in  the  ballot  box. 

Sec.  560.  (Sec.  1369.)  Record  That  Person  Has  Voted, 
How  Kept. — When  the  ballot  has  been  placed  in  the  box, 
one  of  the  judges  must  write  the  word  ''Voted''  opposite 
the  number  of  the  person  on  the  check  list  for  the  precinct. 

Sec.    561.      (Sec.    1370.)      List    of    Voters. — Each    clerk 

must  keep  a  list  of  persons  voting,  and  the  name  of  each 

person  who  votes  must  be  entered  thereon  and  numbered 

"^^"    ^^^*'  in    the    order    voting.      Such    list    is    known    as    the    poll 

list  and  forms  a  part  of  the  poll  book  of  the   precinct. 

Sec.  562.  (Sec.  1371.)  Grounds  of  Challenge. — Any  per- 
son offering  to  vote  may  be  orally  challenged  by  any 
elector  of  the  county  upon  either  or  all  of  the  following 
grounds : 

1.  That  he  is  not  the  person  whose  name  appears  on 
the   register  or   check   list. 

2.  That  he  is  an  idiot  or  insane  person. 

3.  That  he  has  voted  before  that  day. 

4.  That  he  has  been  convicted  of  a  felony  and  not 
pardoned. 

Sec.  563.  (Sec.  1372.)  Proceedings  on  Challenges  for 
Want  of  Identity. — If  the  challenge  is  on  the  ground 
that  he  is  not  the  person  whose  name  appears  on  the 
official  register,  the  judges  must  tender  him  the  following 
oath: 

"You  do  swear  (or  affirm)  that  you  are  the  person 
whose  name  is  entered  on  the  official  register  and  check 
list." 

Sec.  564.  (Sec.  1373.)  Same  on  Challenges  for  Having 
Voted  Before. — If  the  challenge  is  on  the  ground  that 
the    person    challenged    has    voted    before    that    day,    the 


STATE  OF  MONTANA  95 

judges  must  tender  to  the  person  challenged  this  oath: 

*'You  do  swear  (or  affirm)  that  you  have  not  before 
voted  this   day." 

Sec.  565.  (Sec.  1374.)  Same  on  Ground  for  Conviction 
of  Crime. — If  the  challenge  is  on  the  ground  that  the 
person  challenged  has  heen  convicted  of  a  felony,  the 
judges   must  tender  him   the  following  oath: 

"You  do  swear  (or  affirm)  that  you  have  not  been 
convicted  of  a  felony." 

Sec.  566.  (Sec.  1375.).  Challenge,  How  Determined. — 
Challenges   upon   the   grounds   either:  Ex-convicts. 

1.  That  "the  person  challenged  is  not  the  person  whose 
name  appears  on  the  official  register;  or 

That  the  person  has  before  voted  that  day,  are  deter- 
mined in  favor  of  the  person  challenged  by  his  taking  the 
oath   tendered. 

2.  A  challenge  upon  the  ground  that  the  person  chal- 
lenged has  been  convicted  of  a  felony  and  not  pardoned 
must  be  determined  in  favor  of  the  person  challenged 
on  his  taking  the  oath  tendered,  unless  the  fact  of  con- 
viction be  proved  by  the  production  of  an  authenticated 
copy  of  the  record;  or  by  the  oral  testimony  of  two 
witnesses.  If  the  person  challenged  asserts  that  he  has 
been  convicted  of  a  felony  and  pardoned  therefor,  he 
must  exhibit  his  pardon  or  a  proper  certified  copy  thereof 
to  the  judges,  and  if  the  pardon  be  found  suffiicient,  the 
judges  must  tender  to  him  the  following  oath.  "You 
do  swear  that  you  have  not  been  convicted  of  any  felony 
other  than  that  for  which  a  pardon  is  now  exhibited." 
Upon  taking  this  oath  the  person  challenged  must  be 
permitted  to  vote  if  otherwise  qualified,  unless  a  convic- 
tion of  some  other  felony  be  proved,  as  in  this  section 
provided  for  the  proof  of  a  conviction. 

Sec.  567.  (Sec.  1376.)  Trial  of  Challenges. — Challenges 
for  causes  other  than  those  specified  in  the  preceding 
section  must  be  tried  and  determined  by  the  judges  of 
election  at  the  time  of  the  challenge. 

Sec.  568.  (Sec.  1377.)  If  a  Person  Refuses  to  Be 
Sworn,  Vote  to  Be  Rejected.  —  If  any  person  chal- 
lenp^ed   refuses  to   take   the   oaths  tendered,   or   refuses   to 


96  ELECTION  LAWS 

be  sworn  and  to  answer  the  question  touching  the  matter 
of  residence,   he  must  not  'be  allowed   to   vote. 

Sec.  569.  (Sec.  1378.)  Proceedings  Upon  Determina- 
tion of  Challenges. — If  the  challenge  is  determined  against 
the  person  offering  to  vote,  the  ballot  must,  without 
examination,  be  destroyed  by  the  judges  in  the  presence 
of  the  person  offering  the  same;  if  determined  in  his 
favor,   the  ballot  must  be  deposited  in  the  ballot  box. 

Sec.  570.  (Sec.  1379.)  List  of  Challenges  to  Be  Kept. — 
The  judges  must  cause  each  of  the  clerks  to  keep  a  list 
showing: 

1.  The  names  of  all  persons  dhallenged. 

2.  The  grounds  of  such  challenges. 

3.  The  determination  of  the  judges  upon  the  challenge. 
Sec.  571.     (Sec.  1380.)     Persons  Not  Entitled  to  Vote. — 

No  person  is  entitled  to  vote  at  an  election  mentioned 
salrf  ^^  ^°^  neces-  j^  ^-^-^^  title,  except  as  otherwise  provided  in  this  title, 
unless  his  name  on  the  day  of  election  appear  in  the 
"check  lists,"  on  the  copy  of  the  official  register  furnished 
by  the  registry  agents  to  the  judges  of  election  at  the 
election  precinct  at  which  he  offers  to  vote,  or  unless 
he  produces  and  surrenders  a  county  registry  certificate 
or  a  state  registry  certificate,  as  provided  in  Sections 
474  (1204)  and  486  (12 17)  of  this  code,  and  the  fact 
that  his  name  so  appears  in  the  "check  lists"  and  in 
the  copy  of  the  official  register  in  the  possession  of  the 
judges  of  election  is  prima  facie  evidence  of  his  right 
to  vote. 


STATE  OF  MONTANA  97 


VOTING    MACHINES. 

(Sections  refer  to  Revised  Codes  of   1907,  as  amended 
by  Chapter  99,   Laws  of  1909.) 
Section  609.     State   Boani   of  Voting   Machine   Commissioners. 

610.  Specifications    of    Machine    Required. 

611.  Counties   and   Cities   to   Use   Machines. 

612.  Payment  for  Machines — How   Provided   for. 

613.  Method  of  Conducting  Elections. 

614.  Assistance    to   Elector   Unable   to   Record   Vote. 

615.  Ballots   and   Instructions   to  Voters. 

616.  City    and    County    Clerks    to    Set    up    Machines    for 

Use. 

617.  Irregular   Ballots. 

618.  Counting    the    Votes.  ^ 

619.  Election   Returns. 

620.  Election    Laws    Applicable. 

621.  Penalty    for    Neglect   of    Duty    by    Election    Officer. 

622.  Penalty  for  Tampering  With   or  injuring  Machines. 

623.  Penalty  for  Violation  of  Duty  of  Judge  of  Election. 
624.     Penalty    for    Fraudulent    Returns    or    Certificates. 

625.     Defective  Machines. 

Sec.  609.  State  Board  of  Voting  Machine  Commis- 
sioners.— The  Governor,  Secretary  of  State  and  State 
Auditor  and  their  successors  in  office  are  herehy  created 
and  constituted  the  State  Board  of  Voting  Machine  Com- 
missioners. It  shall  be  the  duty  of  said  board  to  ex- 
amine all  voting  or  ballot  machines  in  order  to  determine  i^uties  and  powers, 
whether  such  machines  comply  with  the  requirements 
of  this  act,  and  can  safely  be  used  by  voters  at  elections 
under  the  provisions  of  this  act,  and  no  machine  or  ma- 
chines shall  be  provided  or  used  at  any  election  in  this 
State  unless  the  said  machine  or  machines  shall  have 
received  the  approval  of  a  majority  of  said  board  as 
herein  provided.  Said  board  may  employ  two  qualified 
mechanics,  who  shall  be  qualified  electors  of  the  State 
of  Montana,  to  examine  said  machines  and  assist  said 
board  in  the  discharge  of  its  duties  under  this  act,  the 
compensation  to  be  paid  such  qualified  mechanics  not  to 
exceed  the  sum  of  ten  dollars  each  for  each  day  actually 
employed.  Any  machine  or  machines  which  shall  have  the 
approval  of  the  majority  of  said  board  may  be  provided 
for  in  this  act.  The  report  of  said  board  on  each  and 
every    kind    of    voting   'machine    shall    be    filed   with    the 


98  ELECTION  LAWS 


Secretary  of  State  within  thirty  days  after  examining 
the  machine,  and  the  Secretary  of  State  shall  within 
five  days  after  the  filing  of  any  report  approving  any 
machine  or  machines,  transmit  to  the  Board  of  County 
Commissioners,  City  Council  or  other  iboard  of  officers 
having  charge  and  control  of  election  in  each  of  the 
counties  and  cities  of  this  State,  a  list  of  the  machines 
so  approved.  No  machine  or  machines  shall  be  used 
unless  they  shall  have  received  the  approval  of  the  State 
board  at  least  sixty  days  prior  to  any  election  at  which 
such  machine  or  machines  are  to  be  used.  The  com- 
pensation of  the  mechanics  and  all  other  expenses  con- 
nected with  the  examination  of  any  machine  shall  be 
paid,  or  caused  to  be  paid,  'by  the  person  or  company 
su'bmitting  a  machine  for  examination  before  the  filing 
of  the  report  thereon.  The  amount  of  such  expenses 
shall  ibe  certified  by  the  State  Auditor  and  paid  to  the 
State  Treasurer.  (Act  approved  March  8,  1907;  Laws 
1907,   Chap.    168.) 

Sec.    610.      Specifications    of    Machines    Required. — No 

machine  or  machine  system  shall  ibe  approved  by  the 
Commissioners  unless  it  be  so  constructed  as  to  afford 
every  elector  a  reasonable  opportunity  to  vote  for  any 
person  for  any  office  or  for  or  against  any  proposition 
for  whom,  or  for  or  against  which  he  is  by  law  entitled  to 
vote  and  enable  him  to  do  this  in  secrecy;  and  it  must 
be  so  constructed  as  to  preclude  an  elector  from  voting 
for  any  candidate  for  the  same  office  or  upon  any  ques- 
tion more  than  once,  and  from  voting  for  any  person 
for  any  office  for  whom  he  is  not  by  law  entitled  to  vote. 
The  machine  or  machine  system  must  admit  of  his  vot- 
ing a  split  ticket  as  he  may  desire.  It  must  also  'be  so 
constructed  as  to  register  or  record  each  and  every  vote 
cast.  For  Presidential  Electors  one  device  may  be  pro- 
vided for  voting  for  all  the  candidates  of  one  party  at  one 
time  iby  the  use  of  such  device,  opposite  or  adjacent  to 
which  shall  be  a  hallot  on  the  machine  containing  the 
names  of  all  of  the  'candidates  for  all  Presidential  Electors 
of  that  party,  and  a  vote  registered  or  recorded  by  the 
use  of  such  device  shall  be  counted  for  each  of  such 
candidates   on    said   ballot.      The    machine    must   be    con- 


STATE  OFMONTANA  99 

structed  so  that  it  cannot  be  tampered  with  or  manipu- 
lated for  any  fraudulent  purpose;  and  the  machine  must 
be  so  locked,  arranged  or  constructed  that  during  the 
progress  of  the  voting  no  person  can  see  or  know  the 
number  of  votes  registered  or  recorded  for  any  candi- 
date. (Act  approved  March  8,  1907,  Sec.  2,  Laws  1907, 
Chap.    168.) 

Sec.  611.  Voting  Machines. — The  Boards  of  County  Kind  that  may  be 
Commissioners  of  counties  of  the  first  class  shall,  and  ^  °p  ®  • 
the  Boards  of  County  Commissioners  of  other  counties 
and  City  Councils  of  all  cities  and  towns,  may,  at  their 
option,  adopt  and  purchase  for  use  in  the  various  pre- 
cincts, any  voting  machine  approved  in  the  manner 
above  set  forth  in  this  act,  by  the  Voting  Machine  Com- 
mission and  none  other.  If  it  shall  be  impracticable 
to  supply  each  and  every  election  district  with  a  voting 
machine  or  voting  machines  at  any  election  following  consolidation  of 
the  adoption  of  such  machines  in  a  city,  village  or  town,  ^^^^^^ 
as  many  may  be  supplied  as  it  is  practicable  to  procure, 
and  the  same  shall  be  used  in  such  precinct  of  the  mu- 
nicipality as  the  proper  officers  may  order.  The  proper 
officers  of  any  city,  village  or  town  may,  not  later  than 
the  tenth  day  of  September,  in  any  year  in  which  a 
general  election  is  held,  unite  two  or  more  precincts  into 
one  for  the  purpose  of  using  therein  at  such  election  a 
voting  machine,  and  the  notice  of  such  uniting  shall  be 
given  in  the  manner  prescribed  by  law  for  the  change 
of  election  districts.  (Act  approved  February  5,  1909; 
Laws    1909,    Chap.    6.) 

Sec  612.     Payment  for  Machines;  How  Provided  for. — 

Payment  for  voting  machines  purchase  may  be  provided 
by  the  issuance  of  interest  bearing  bonds,  certificates  of  in- 
debtedness, or  other  obligations,  which  will  be  a  charge 
upon  such  county,  city  or  town,  such  bonds,  certificates,  or 
other  obligations  may  be  made  payable  at  such  time  or 
times,  not  exceeding  ten  years  from  the  date  of  issue,  as 
may  be  determined,  but  shall  not  be  issued  or  sold  at  less 
than  par.  (Act  approved  March  8,  1907,  Sec.  4;  Laws 
1907,  Chap.  168.) 


Time  within  which 
to    vote. 


100  ELECTION  LAW'S 

Sec.  613.  Method  of  Conducting  Elections. — The  room 
in  which  the  election  is  held  shall  have  a  railing  separating 
that  part  of  the  room  to  be  occupied  by  the  election  officers 
from  that  part  of  the  room  occupied  by  the  voting  machine. 
The  exterior  of  the  voting  machine  and  every  part  of  the 
polling  place  shall  be  in  plain  view  of  the  judges.  The 
machine  shall  be  so  placed  that  no  person  on  the  opposite 
side  of  the  railing  can  see  or  determine  how  the  voter  casts 
his  vote,  and  that  no  person  can  so  see  or  determine  from 
the  outside  of  the  room.  After  the  opening  of  the  polls  the 
judges  shall  not  allow  any  person  to  pass  within  the  rail- 
ing to  that  part  of  the  room  where  the  machine  is  situated 
except  for  the  purpose  of  voting  and  except  as  provided  in 
the  next  succeeding  section  of  this  act;  and  they  shall  not 
permit  more  than  one  voter  at  a  time  to  be  in  such  part 
of  the  room.  They  shall  not  themselves  remain  or  permit 
any  person  to  remain  in  any  position  that  would  permit 
him  or  them  to  see  or  ascertain  how  the  voter  votes  or 
how  he  has  voted.  No  voter  shall  remain  within  the  voting 
machine  booth  or  compartment  longer  than  one  minute 
and  if  he  should  refuse  to  leave  it  after  that  lapse  of  time 
he  shall  at  once  be  removed  by  the  judges.  The  election 
board  of  each  election  precinct  in  which  a  voting  machine 
is  used  shall  consist  of  three  judges  of  election.  Where 
more  than  one  machine  is  to  be  used  in  an  election  pre- 
cinct, one  additional  judge  shall  be  appointed  for  each 
additional  machine.  Before  each  election  at  which  voting 
■machines  are  to  be  used,  the  custodian  shall  instruct  all 
judges  of  election  that  are  to  serve  thereat,  in  the  use  of 
the  machine,  and  their  duties  in  connection  therewith ;  and 
he  shall  give  to  each  judge  that  has  received  such  instruc- 
tion and  is  fully  qualified  to  conduct  the  election  with  the 
machine  a  certificate  to  that  effect.  For  the  purpose  of 
Instruction   to  g'iving    such    instruction,    the    custodian    shall    call    such 

machines.^  "^^  °^  meeting  or  meetings  of  the  judges  of  election  as  shall  be 
necessary.  Each  judge  of  election  shall  attend  such  meet- 
ing or  meetings  and  receive  such  instructions  as  shall  be 
necessary  for  the  proper  conduct  of  the  election  with  the 
machine ;  and,  as  compensation  for  the  time  spent  in  receiv- 
ing such  instruction,  each  judge  that  shall  qualify  for  and 
serve  in  the  election  shall  receive  the  sum  of  one  dollar,  to 


STATE  OF  MONTANA  101 

be  paid  to  him  at  the  same  time  and  in  the  same  manner 
as  compensation  is  paid  to  him  for  his  services  on  eleotion 
day.  No  such  judge  of  election  shall  serve  in  any  election 
at  which  a  voting  machine  is  used,  unless  he  shall  have 
received  such  instruction  and  is  fully  qualified  to  perform 
his  duties  in  connection  with  the  machine,  and  has  re- 
ceived a  certificate  to  that  effect  from  the  custodian  of  the  » 
machine ;  provided,  however,  that  this  shall  not  prevent  the 
appointment  of  a  judge  of  election  to  fill  a  vacancy  in  an 
emergency.  (Act  approved  March  6,  1909;  Laws  1909, 
Chap.  99.) 

Sec.  614.    Assistance  to  Slector  Unable  to  Record  Vote. 

— ^If  any  voter  shall,  in  the  presence  of  the  judges  of  elec- 
tion, declare  that  he  is  unable  to  read  or  write  the  English 
language  or  that  by  reason  of  physical  disability  or  total  Deceiving  Judges, 
blindness  he  is  unable  to  register  or  record  his  vote  upon 
the  machine,  he  shall  be  assisted  as  provided  by  sec- 
tion  of  the  statutes  of Any  person  who  shall 

deceive  any  elector  in  registering  or  recording  .his  vote 
under  this  section,  or  who  shall  register  or  record  his  vote 
in  any  other  way  than  as  requested  by  such  person,  or 
who  shall  give  information  to  any  person  as  to  what  ticket 
or  for  what  person  or  persons  such  person  voted,  shall  be 
punished  as  provided  in  Sec.  8130  {66)  of  the  Penal  Code. 
(Act  approved  March  8,  1907,  Sec.  6;  Laws  1907,  Chap. 
168.) 

Sec.  615.  Instructions  to  Voters. — Not  more  than  ten  or 
less  than  three  days  before  each  election  at  which  voting 
machines  are  to  be  used,  the  board  or  officials  charged 
with  the  duty  of  providing  ballots  shall  publish  in  news- 
papers representing  at  least  two  political  parties,  a  diagram  Duty  of  Secretary 
of  reduced  size  showing  the  face  of  the  voting  machine  °^  ^*^*®' 
after  the  official  ballot  labels  are  arranged  thereon,  together 
wirtih  illustrated  instructions  how  to  vote,  and  a  statement 
of  the  locations  of  such  voting  machines  as  shall  be  on 
public  exhibition;  or  in  lieu  of  such  publication  said  board 
or  officials  may  send  by  mail  or  otherwise  at  least  three 
days  before  the  election  a  printed  copy  of  said  reduced 
diagram  to  each  registered  voter.  Not  later  than  forty 
days  before  each  election  at  which  voting  machines  are  to 
be  used,  the  Secretary  of  State  shall  prepare  samples  of 


supplies,     etc. 


102  ELECTION  LAWS 

the  printed  matter  and  supplies  named  in  this  section,  and 
shall  furnish  one  of  each  thereof  to  the  board  or  officials 
having  charge  of  election  in  each  County,  City,  or  village 
in  which  the  machines  are  to  be  used;  such  samples  to 
meet  the  requirements  of  the  election  to  be  held,  and  to 
suit  the  construction  of  the  machine  to  be  used.  The  board 
or  officials  charged  with  the  duty  of  providing  ballots  shall 
provide  for  each  voting  machine  for  each  election  the  fol- 
lowing printed  matter  and  supplies:  Suitable  printed  or 
written  directions  to  the  Custodian  for  testing  and  pre- 
paring the  voting  machine  for  the  election :  One  certificate 
on  which  the  custodian  can  certify  that  he  has  properly 
tested  and  prepared  the  voting  machine  for  the  election; 
one  certificate  on  which  some  person  other  than  the  cus- 
todian preparing  the  machine  can  certify  that  the  voting 
Directions  as  to  machine  has  been  examined  and  found  to  have  been  prop- 
erly prepared  for  the  election ;  one  certificate  on  which  the 
party  representatives  can  certify  that  they  have  witnessed 
the  testing  and  preparation  of  the  machines ;  one  certificate 
on  which  the  deliverer  of  the  machines  can  certify  that  he 
has  delivered  the  machines  to  the  polling  places  in  good 
order;  one  card  stating  the  penalty  for  tampering  with  or 
injuring  a  voting  machine;  two  seals  for  sealing  the  voting 
machine ;  one  envelope  in  which  the  keys  to  the  voting 
machine  can  be  sealed  and  delivered  to  the  election  officers, 
said  envelope  to  have  printed  or  written  thereon  the  desig- 
nation and  location  of  the  election  district  in  which  the 
machine  is  to  be  used,  the  number  of  machine,  the  number 
shown  on  the  protective  counter  thereof  after  the  machine 
has  been  prepared  for  the  election,  and  the  number  or 
other  designation  on  such  seal  as  the  machine  is  sealed 
with;  said  envelope  to  have  attached  to  it  a  detachable 
receipt  for  the  delivery  of  the  keys  of  the  voting  machine 
to  the  judge  of  election;  one  envelope  in  which  keys  to 
the  voting  machine  can  be  returned  by  the  election  officers 
after  the  election ;  one  card  stating  the  name  and  telephone 
address  of  the  custodian  on  the  day  of  the  election;  two 
statements  of  canvass  on  which  the  election  officers  can 
report  the  canvass  of  the  votes  as  shown  on  the  voting 
machine,  together  with  other  necessary  information  re- 
lating to  the  election,  said  statements  of  canvass  to  take 


STATE  OF  MONTANA  103 

the  place  of  all  tally  papers,  statements  and  returns  as 
provided  heretofore ;  three  complete  sets  of  ballot  labels ; 
two  diagrams  of  the  face  of  the  machine  with  the  ballot 
labels  thereon,  each  diagram  to  have  printed  above  it 
the  proper  instructions  to  voters  for  voting  on  the  ma- 
chine; six  suitable  printed  instructions  to  judges  of  elec- 
tion; six  notices  to  judges  of  election  to  attend  the  in- 
struction meeting;  six  certificates  that  the  judges  of 
election  have  attended  the  instruction  meeting,  have  re- 
ceived the  necessary  instruction,  and  are  qualified  to 
conduct  the  election  with  the  machine.  The  ballot  labels 
shall  be  printed  in  black  ink  on  clear  white  material  of 
such  size  and  arrangement  as  shall  suit  the  construction 
of  the  machine;  Provided,  however,  that  the  ballot  labels 
for  the  questions  may  contain  a  condensed  statement  of 
each  question  to  be  voted  on,  followed  by  the  words, 
*'Yes"   and   "No";   and,   Provided   further,   that   the   titles  Baiiot  labels,  how 

printed. 

of  the  officers  thereon  shall  be  printed  in  type  as  large 
as  the  space  for  each  office  will  reasonably  permit,  and 
wherever  more  than  one  candidate  will  be  voted  for  for  an 
office,  there  shall  be  printed  below  the  office  title  thereof 
the  words  "Vote  for  any   two,"   or   such   number   as   the  , 

voter  is  lawfully  entitled  to  vote  for  such  office.  When 
any  person  is  nominated  for  an  office  by  more  than  one 
political  party,  his  name  shall  be  placed  upon  the  ticket 
under  the  designation  of  the  party  which  first  nominated 
him ;  or,  if  nominated  by  more  than  one  party  at  the  ' 
same  time,  he  shall,  within  the  time  fixed  by  law  for 
filing  certificates  of  nomination,  file  with  the  officer  with 
whom  his  certificate  of  nomination  is  required  to  be  filed, 
a  written  statement  indicating  the  party  designation  under 
which  he  desires  his  name  to  appear  upon  the  ballot, 
and  it  shall  be  so  printed.  If  he  shall  refuse  or  neglect 
to  so  file  such  a  statement,  the  officer  with  whom  the 
certificate  of  nomination  is  required  to  be  filed  shall  place 
his  name  under  the  designation  of  either  of  the  parties 
nominating  him,  but  under  no  other  designation  what- 
soever. If  the  election  be  one  at  which  all  the  candidates 
for  the  office  of  Presidential  Electors  are  to  be  voted 
for  with  one  device,  the  County  Commissioners  shall 
furnish    for    each    machine    twenty-five    ballots    for    each 


ELECTION  LAWS 

political  party,  each  ballot  containing  the  names  of  the 
candidates  for  the  office  of  Presidential  Electors  of  such 
party,  and  a  suitable  space  for  writing  in  names,  so  that 
the  voter  can  vote  thereon  for  part  of  the  candidates 
for  the  office  of  Presidential  Electors  of  one  party  and  part 
of  the  candidates  therefor  of  one  or  more  other  parties  or 
for  persons  for  that  office  not  nominated  by  any  party.  For 
election  precincts  in  v^hich  voting  machines  are  to  be  used 
no  paper  ballots  shall  be  furnished  for  any  officer  to  be 
voted  for  on  the  machine.  For  election  precincts  in  v^liich 
voting  machines  are  to  be  used  no  books  or  blanks  for 
making  poll  lists  shall  be  provided,  but  in  lieu  thereof 
the  registry  lists  shall  contain  a  column  in  which  can 
be  entered  the  number  of  each  voter's  ballot  as  indicated 
by  the  number  registered  on  the  public  counter  as  he 
emerges  from  the  voting  machine.  (Act  approved  March 
6,  1909;  Laws  1909,  Chap.  99.) 

Sec.  616.  City  and  County  Clerks  to  Set  Up  Machines 
for  Use. — The  City  or  County  Clerk  of  each  city  or 
county  in  which  a  voting  machine  is  to  be  used  shall 
cause  the  proper  ballots  to  be  put  upon  each  machine 
corresponding  with  the  sample  ballots  herein  provided 
for,  and  the  machines  in  every  way  put  in  order,  set  and 
adjusted,  ready  for  use  in  voting  when  delivered  at  the 
precinct,  and  for  the  purpose  of  so  labeling  the  machines, 
putting  in  order,  setting  and  adjusting  the  same,  they  may 
employ  one  or  more  competent  persons,  and  they  shall 
cause  the  machine  so  labeled,  in  order  and  set  and  ad- 
justed, to  be  delivered  at  the  voting  precinct,  together 
with  all  necessary  furniture  and  appliances  that  go  with 
the  same,  in  the  room  where  the  election  is  to  be  held 
in  the  precinct,  in  time  for  the  opening  of  the  polls  on 
election  day.  The  judges  shall  compare  the  ballots  on 
the  machine  with  the  sample  ballot,  see  that  they  are 
correct,  examine  and  see  that  all  the  counters,  if  any, 
in  the  machine  are  set  at  zero,  and  that  the  machine  is 
otherwise  in  perfect  order,  and  they  shall  not  thereafter 
permit  the  machine  to  be  operated  or  moved  except  by 
electors  in  voting,  and  they  shall  also  see  that  all  neces- 
sary arrangements  and  adjustments  are  made  for  voting 
irregular  ballots  on   the   machine,  if  such   machine  be   so 


STATE  OF  MONTANA  105 

designed.      (Act   approved   March  8,    1907,   Sec.   8;   Laws 
1907,   Chap.    168.) 

Sec.  617.  Irregular  Ballots. — In  case  a  voting  machine 
be  adopted  which  provides  for  the  registry  or  recording 
of  votes  for  candidates  whose  names  are  not  on  the 
afficial  ballot,  such  ballots  shall  be  denominated  irregular 
ballots.  A  person  whose  name  appears  on  a  ballot  or 
in  a  machine  or  machine  system,  shall  not  be  voted  for  Q^iaU  not  be 
for  the  same  office  or  on  or  in  any  irregular  device  for  counted,  exception, 
casting  an  irregular  ticket,  and  any  such  vote  shall  not 
be  counted,  except  for  the  office  of  Presidential  Electors, 
and  an  elector  may  vote  in  or  on  such  irregular  device 
for  one  or  more  persons  nominated  by  one  party  with 
one  or  more  persons  nominated  by  any  or  all  other  parties, 
or  for  one  or  more  persons  nominated  by  one  or  more 
parties  with  one  or  more  persons  not  in  nomination,  or 
he  may  vote  in  such  irregular  device  a  Presidential  Elec- 
toral ticket  composed  entirely  of  names  of  persons  not 
in  nomination.  (Act.  approved  March  8,  1907,  Sec.  9; 
Laws   1907,  Chap.   168.) 

Sec.  618.  Counting  the  Votes. — As  soon  as  the  polls 
of  the  election  are  closed,  the  judges  shall  immediately 
lock  the  machine,  or  remove  the  recording  device  so  as 
to  provide  against  voting,  and  open  the  registering  or 
recording  compartments  in  the  presence  of  any  person 
desiring  to  attend  the  same,  and  shall  proceed  to  ascer- 
tain the  number  of  votes  cast  for  each  person  voted  for 
at  the  election,  and  to  canvass,  record,  announce  and  re- 
turn the  same  as  provided  by  law.  (Act  approved  March 
S,  1907,  Sec.  10;  Laws  1907,  Chap.  168.) 

Sec.  619.  Election  Returns. — The  judges  as  soon  as  the 
count  is  completed  and  fully  ascertained,  shall  seal,  close, 
lock  the  machine,  or  remove  the  record  so  as  to  provide 
against  voting  or  being  tampered  with,  and  in  case  of 
a  machine  so  sealed  or  locked,  it  shall  so  remain  for  a 
period  of  at  least  thirty  days,  unless  opened  by  order  judges.^'^^  *° 
of  a  court  of  competent  jurisdiction.  When  irregular 
ballots  have  been  voted,  the  judges  shall  return  them  in 
a  properly  sealed  package  endorsed  'Trregular  ballots," 
and    indicating    the    precinct    and    county,    and    file    such 


106  ELECTION  LAWS 


■package  with  the  City  or  County  Clerk.  It  shall  'be  pre- 
served for  six  months  after  such  election  and  may  be 
opened  and  its  contents  examined  only  upon  an  order 
of  a  court  of  competent  jurisdiction;  at  the  end  of  such 
six  months,  unless  ordered  otherwise  by  the  court,  such 
package  and  its  contents  shall  be  destroyed  by  the  City 
or  County  Clerk.  All  tally  sheets  taken  from  such  ma- 
chine, if  any,  shall  be  returned  in  the  same  manner.  The 
officers  heretofore  charged  with  the  duty  of  furnishing 
tally  sheets  and  return  blanks  shall  furnish  suitable  re- 
turn blanks  and  certificates  to  the  officers  of  election. 
Such  return  sheets  shall  have  each  candidate's  name  desig- 
nated by  the  same  reference  character  that  said  candi- 
date's name  bears  on  the  ballot  labels  and  counters,  and 
shall  make  provision  for  writing  in  of  the  vote  for  such 
candidate  in  figures,  and  shall  also  provide  for  the  writing 
in  of  the  vote  in  words.  Such  return  sheet  shall  also 
provide  for  the  return  of  the  vote  on  questions.  It  shall 
also  have  a  blank  thereon  on  which  can  be  marked  the 
precinct,  ward,  etc.,  of  which  said  return  sheet  bears 
the  returns  and  the  number  and  make  of  the  machine 
used.  Said  return  sheet  shall  also  have  a  certificate 
thereon,  to  be  executed  before  the  polls  open  by  the 
judges  of  election,  stating  that  all  counters  except  the 
protective  counter,  if  any,  and  except  as  otherwise  noted 
thereon  stood  at  "ooo"  at  the  beginning  of  the  election, 
and  that  all  of  said  counters  had  been  carefully  examined 
before  the  beginning  of  the  election;  that  the  ballot  labels 
were  correctly  placed  on  the  machine  and  correspond  to 
the  sample  ballot,*  and  such  other  statements  as  the  par- 
ticular machine  may  require;  and  shall  provide  for  the 
signature  of  the  election  officers.  Said  return  sheet  shall 
also  have  thereon  a  second  certificate  stating  the  manner 
of  closing  the  polls,  the  manner  of  verifying  the  returns, 
that  the  foregoing  returns  are  correct,  giving  the  indi- 
cation of  the  public  counter,  and  poll  list,  and  protective 
counter,  if  any,  at  the  close  of  the  election.  Such  cer- 
tificate shall  properly  specify  the  procedure  of  canvassing 
the  vote  and  locking  the  machine,  etc.,  for  the  particular 
type  of  machine  used,  and  such  certificate  shall  be  such 
that  the  election  officers  can  properly  subscribe  to  it  as 


STATE  OF  MONTANA  107 


having  been  followed  and  shall  have  provision  for  the 
signature  of  the  election  officers.  The  election  officers 
shall  conform  their  procedure  to  that  specified  in  the 
certificate,  to  which  they  must  certify.  The  certificate 
and  attest  of  the  election  officers  shall  appear  on  each 
return  sheet.  (Act  approved  March  8,  1907;  Sec.  11, 
Laws  1907,  Chap.  168.) 

Sec.  620.  Election  Laws  Applicable. — All  laws  of  this 
State  applicable  to  elections  where  voting  is  done  in  an- 
other manner  than  by  machine,  and  all  penalties  pre- 
scribed for  violation  of  such  laws  shall  apply  to  elections 
and  precincts  where  voting  machines  are  used  in  so  far  as 
they  are  not  in  conflict  with  the  provisions  of  this  act. 
(Act  approved  March  8,  1907,  Sec.  12 ;  Laws  1907, 
Chap.    168.) 

Sec.  621.  Penalty  for  Neglect  of  Duty  by  Election 
Officer. — Any  public  officer  or  any  election  officer  upon 
whom  any  duty  is  imposed  by  this  act  or  who  shall 
wilfully  neglect  or  omit  to  perform  any  such  duties,  or 
do  any  act  prohibited  herein  for  which  punishment  is  not 
otherwise  provided  herein,  shall  upon  conviction  be  im- 
prisoned in  the  State  prison  for  not  less  than  one  year 
or  more  than  three  years  or  be  fined  in  any  sum  not 
exceeding  one  thousand  dollars,  or  may  be  punished  by 
both  such  imprisonment  and  fine.  (Act  approved  March 
8,   1907,   Sec.   13 ;   Laws   1907,   Chap.    168.) 

Sec.  622.  Penalty  for  Tampering  With  or  Injuring 
Machines. — Any  person  not  being  an  election  officer  who, 
during  any  election  or  before  any  election,  after  a  voting 
machine  has  been  (had?)  placed  upon  it  the  ballots  for  such 
election,  who  shall  tamper  with  such  machine,  disarrange, 
deface,  injure  or  impair  the  same  in  any  manner,  or  muti- 
late, injure  or  destroy  any  ballot  placed  thereon  or  to  be 
placed  thereon,  or  any  other  appliance  used  in  connection 
with  such  machine,  shall  be  imprisoned  in  the  State  prison 
for  a  period  of  not  more  than  ten  years  or  be  fined  not 
more  than  one  thousand  dollars,  or  be  punished  by  both 
such  fine  and  imprisonment.  (Act  approved  March  8,  1907, 
Sec.  14;  Laws  1907,  Chap.  168.) 


Felony. 


Felony. 


108 


ELECTION  LAWS 


Felony. 


Felony. 


Injury  to  maxjhlnes, 
repairs. 


Sec.  623.  Penalty  far  Violation  of  Duty  by  Judges  of 
Election. — Whoever,  being  a  judge  of  election,  with  la- 
tent to  permit  or  cause  any  voting  machine  to  fail  to 
correctly  register. or  record  any  vote  cast  thereon,  tam- 
pers with  or  disarranges  such  machine  in  any  way,  or 
any  part  or  appliance  thereof,  or  who  causes  or  consents 
to  said  machine  being  used  for  voting  at  any  election 
with  knowledge  of  the  fact,  that  the  same  is  not  in  order, 
or  not  perfectly  set  and  adjusted,  so  that  it  will  correctly 
register  or  record  all  votes  cast  thereon,  or  who,  for  tbe 
purpose  of  defrauding  or  deceiving  any  voter  or  of  caus- 
ing it  to  be  doubtful  for  what  ticket  or  candidate  or 
candidates  or  proposition  any  vote  is  cast,  or  of  causing 
it  to  appear  upon  said  machine  that  votes  cast  for  one 
ticket,  candidate  or  proposition  were  cast  for  another 
ticket,  candidate  or  proposition,  removes,  changes  or  mu- 
tilates any  ballot  on  said  machine,  or  any  part  thereof, 
or  does  any  other  like  thing,  shall  be  imprisoned  in  the 
State  prison  not  more  than  ten  years  or  fined  not  ex- 
ceeding one  thousand  dollars,  or  punished  by  both  such 
fine  and  imprisonment.  (Act  approved  March  8,  1907, 
Sec.  15;  Laws  1907,  Chap.  168.) 

Sec.  624.  Penalty  for  Fraudulent  Returns  or  Certifi- 
cates.— Any  judge  or  clerk  of  an  election  who  shall  pur- 
posely cause  the  vote  registered  or  recorded  on  or  in 
such  machine  to  be  incorrectly  taken  down  as  to  any 
candidate  or  proposition  voted  on,  or  who  shall  knowingly 
cause  to  be  made  or  signed  any  false  statement,  certificate 
or  return  of  any  kind  of  such  vote,  or  who  shall  kno1v- 
ingly  consent  to  such  things,  or  any  of  them  being  done, 
shall  be  imprisoned  in  the  State  prison  not  more  than 
ten  years,  or  fined  not  more  than  one  thousand  dollars, 
or  punished  by  both  such  fine  and  imprisonment.  (Act 
approved  March  8,  1907,  Sec.  16;  Laws  1907,  Chap.  168.) 

Sec.  625.  Defective  Machines  —  Procedure.  —  In  case 
any  voting  machine  used  in  any  election  shall 
during  or  before  the  time  the  polls  are  open,  become 
injured  so  as  to  render  it  inoperative  in  whole  or 
in  part,  it  shall  be  the  duty  of  the  judges  of  election 
immediately  to  give  notice  thereof  to  the  County 
Commissioners,   and   it   shall   be   the   duty   of   said    Com- 


STATE  OF  MONTANA  109 

missioners,  if  possible,  to  repair  the  machine  at  once 
or  to  substitute  another  machine  for  'the  injured  machine; 
and,  at  the  close  of  the  polls,  if  a  machine  has  been  so 
substituted,  the  records  of  both  machines  shall  be  taken 
and  the  votes  shown  on  their  corresponding  counters  J^ptibi?^of^?epai"rsT 
shall  be  added  together  in  ascertaining  and  determining  procedure, 
the  result  of  the  election.  If  no  other  machine  can  be 
procured  for  use  at  such  election,  and  the  injured  machine 
cannot  be  repaired  in  time  for  further  use  at  such  elec- 
tion, the  judges  of  said  election  may  permit  the  use  of 
unofficial  ballots  by  the  voters,  which  ballots  may  be 
received  by  the  judges  of  election  and  placed  by  them  in 
a  receptacle  to  be  provided  therefor  by  them  and  counted 
with  the  votes  registered  on  the  voting  machine,  and  the 
resu't  declared  the  same  as  if  there  had  been  no  accident 
to  tire  voting  machine ;  any  marking  of  such  official  ballots 
by  the  voters  which  shall  clearly  indicate  their  intentions 
shall  be  deemed  a  proper  and  sufficient  manner  of  voting; 
for  this  purpose  the  printed  diagram  of  reduced  size  re- 
ferred to  in  Section  615  may  be  used  if  the  same  can  be 
procured,  or  ballots  may  be  made  from  such  suitable  paper 
or  other  material  as  the  precinct  election  board  can  pro- 
cure. The  unofficial  ballots  thus  voted  shall  be  preserved 
and  returned  to  the  County  Commissioners  with  a  state- 
ment setting  forth  how  and  why  the  same  were  used. 
(Act  approved  March  6,  1909;  Laws  1909,  Chap.  99.)  • 


STATE  OP  MONTANA  111 


CANVASSING   AND    RETURNING   THE    VOTE. 

(Sections  refer"  to  Revised   Codes  of   1907;   sections   in 
brackets   refer  to   Codes   of    1895.) 
Section  572.     Canvass    to    be    Public    and    Without    Adjournment. 

573.  Mode  of  Canvassing, 

574.  "WTiere   Ballots   are   in  Excess  of   Names   on   Check 

List. 

575.  What    Ballots    Must    be    Counted. 

576.  Ascertaining   the   Number   of   Votes    Cast   and    Per- 

sons Voted  for. 

577.  Tickets   to   be   Strung  and  Enclosed   in   Sealed   En- 

velopes. 

578.  Rejected    Ballots. 

579.  Return    List. 

580.  Election  Returns   by  Judges — How  Made. 

581.  One    of   the    Judges    to   Keep    Certain    Papers    amd 

the   Ballot   Box. 

582.  Custody   of   Election   Returns. 

583.  Delivery  to  County  Clerk. 

584.  Filing   of   Ballots   and    Stubs   by    County    Clerk. 

585.  Keeping  Returns    Pending   Contest. 

586.  Disposition   of   Returns   Prior   to    Canvass   of   Vote. 

587.  Clerk    to    File    in    His    Office    Books — Papers,    etc. 

Sec.  572.  (Sec.  1400.)  Canvass  to  Be  Public 
and  Without  Adjournment — As  soon  as  the  polls  are 
closed  the  judges  must  immediately  proceed  to  canvass 
the  votes  given  at  such  election.  The  canvass  must  be 
public  in  the  presence  of  bystanders,  and  must  be 
continued  without  adjournment  until  completed  and  the 
result  thereof  is  publicly  declared. 

Sec.  573.  (Sec.  1401.)  Mode  of  Canvassing. — The  can- 
vass 'must  commience  by  a  comparison  of  the  poll  lists 
from  the  commencement,  and  the  correction  of  any  mis-  proceed 
takes  that  may  be  found  therein,  until  they  are  found 
to  agree.  The  judges  must  then  take  out  of  the  box 
the  ballots  unopened  except  to  ascertain  whether  each 
ballot  is  single,  and  count  the  same  to  determine  whether 
the  number  of  ballots  correspond  with  the  number  of 
names  on  the  poll  lists.  If  two  or  more  ballots  are  found 
so  folded  together  as  to  present  the  appearance  of  a  single 
ballot,  they  must  be  laid  aside  until  the  count  of  the 
ballots  is  completed,  and  if  on  comparing  the  count  with 
the   poll  lists   and   further   considering  the   appearance   of 


Judges,    how    to 


112 


ELECTION  LAWS 


Duty   of   Judges. 


Intention    of    elec- 
tor. 


such  ballots,  a  majority  of  the  judges  are  of  the  opinion 
that  the  ballots  thus  folded  together  were  voted  by  one 
elector,  they  must  be  rejected,  otherwise  they  must  be 
counted. 

Sec.  574.  (Sec.  1402.)  Where  Ballots  Are  in  Excess 
of  Names  on  Check  Lists. — If  the  ballots  are  found  to 
exceed  in  number  the  whole  number  of  names  on  the 
poll  list,  they  must  be  placed  in  the  box  (after  being 
purged  in  the  manner  above  stated),  and  one  of  the 
judges  must,  publicly  and  without  looking  into  the  box, 
draw  therefrom  singly  and  destroy  unopened  so  many 
ballots  as  are  equal  to  such  excess.  And  the  judges 
must  make  a  record  on  the  poll  list  of  the  number  of 
ballots   so   destroyed. 

Sec.  575.  (Sec.  1403.)  What  Ballots  Must  Be  Counted. — 
In  the  canvass  of  the  votes  any  ballot  which  is  not  en- 
dorsed, as  provided  in  this  title,  by  the  official  stamp, 
is  void  and  must  not  be  counted,  and  any  ballot  or  parts 
of  a  ballot  from  which  it  is  impossible  to  determine  the 
elector's  choice  is  void  and  must  not  be  counted;  if  part 
of  a  ballot  is  sufficiently  plain  to  gather  therefrom  the 
elector's  intention,  it  is  the  duty  of  the  judges  of  election 
to   count   such   part. 

Sec.  576.  (Sec.  1404.)  Ascertaining  the  Number  of 
Votes  Cast  and  Persons  Voted  For. — The  ballots  and 
poll  lists  agreeing  or  being  made  to  agree,  the  judges 
must  then  proceed  to  count  and  ascertain  the  number  of 
Judges  and  Clerks,  votes  cast  for  each  person  voted  for.  In  making  such 
o  procee  .  count  the  ballots  must  be  opened  singly  by  one  of  the 
judges,  and  the  contents  thereof,  while  exposed  to  the 
view  of  the  other  judges,  must  be  distinctly  read  aloud 
by  the  judge  who  opens  the  ballot.  As  the  ballots  are 
read  each  clerk  must  write  at  full  length  on  a  sheet  to  be 
known  as  a  tally  sheet,  the  name  of  every  person  voted 
for  and  of  the  office  for  which  he  received  votes,  and 
keep  by  tallies  on  such  sheet  the  number  of  votes  for 
each  person.  The  tally  sheets  must  then  be  compared 
and  their  correctness  ascertained,  and  the  clerks  must, 
under  the  supervision  of  the  judges,  immediately  there- 
after set  down,  at  length  and   in   their  proper  places   in 


STATE  OP  MONTANA  113 

the  poll  books,  the  names  of  all  persons  voted  for,  the 
offices  for  which  they  respectively  received  votes,  and  the 
total  number  of  votes  received  by  each  person,  as  shown 
by  the  tally  sheets.'  No  'ballot  or  vote  rejected  by  the 
judges  must  be  included  in  the  count  provided  for  in  this 
section. 

Sec.  577.  (Sec.  1405.)  Tickets  to  Be  Strung  and  En- 
closed in  Sealed  Envelopes. — The  ballots,  as  isoon  as  read, 
or  rejected  for  illegality,  must  be  strung  upon  a  string 
by  one  of  the  judges,  and  must  not  thereafter  be  examined 
by  any  person,  >must,  as  soon  as  all  legal  ballots  are 
counted,  be  carefully  sealed  in  a  strong  envelope,  each 
member  of  the  judges  writing  his  name  across  the  seal. 

Sec.  578.  (Sec.  1406.)  Rejected  Ballots. — Any  ballot 
rejected  for  illegality  must  be  marked  by  the  judges,  by 
writing  across  the  face  thereof:     "Rejected  on  the  ground 

of ,"  filling  the  blank  with  a  brief  statement 

of  the  reasons  for  the  rejection,  which  statement  must 
be  dated  and  signed  by  a  majority  of  the  judges. 

Sec.  579.  (Sec.  1407.)  Return  List. — As  soon  as  all 
the  votes  are  counted  and  the  ballots  sealed  up,  the 
poll  books  must  be  signed  and  certified  to  by  the  judges 
and  clerks  of  election  substantially  as  in  the  form  in 
Section  519   (1302)   of  this   code. 

Sec.   580.     Election  Returns  by  Judges;  How  Made. — 

The  judges  must,  before  they  adjourn,  enclose  in  a  strong 
envelope,  securely  sealed  up  and  directed  to  the  County 
Clerk,  the  check  lists,  all  certificates  of  registration  re- 
ceived by  them,  one  of  the  lists  of  the  persons  challenged,  procedure, 
one  of  the  poll  books,  one  of  the  tally  sheets  and  the 
official  oaths  taken  by  the  judges  and  clerks  of  election; 
and  must  enclose  in  a  separate  package  or  envelope  se- 
curely sealed  up  and  directed  to  the  County  Clerk,  all 
detached  stubs  from  ballots  voted,  and  all  unused  ballots 
with  the  numbered  stubs  attached ;  and  must  also  enclose 
in  a  separate  package  or  envelope,  securely  sealed  up 
and  directed  to  the  County  Clerk,  all  ballots  voted,  in- 
cluding all  voted  ballots  which,  for  any  reason,  were  not 
counted  or  allowed,  and  endorse  on  the  outside  thereof 
"Ballots  voted."    Each  of  the  judges  must  write  his  name 


114  ELECTION  LAWS 

across   the   seal   of  each   of  said   envelopes  or   packages. 
(Act.  March  5,  1907,  Sec.  6;  Laws  1907,  Chap.  88.) 

Sec.  581.  (Sec.  1409.)  One  of  the  Judges  to  Keep 
Certain  Papers  and  the  Ballot  Box — The  judges  must 
select  one  of  their  number  to  retain,  open  to  the  inspec- 
tion of  all  electors,  for  at  least  six  months,  the  other  list 
of  persons  challenged,  the  other  tally  sheet  and  poll  'book. 
Tlie  judge  so  selected  must  also  retain  the  ballot  box. 

Sec.  582.  Custody  of  Election  Returns. — The  sealed 
envelope  containing  the  check  lists,  ^certificates  of  regis- 
tration, poll  book,  tally  sheets,  oaths  of  election  offi'cers; 
also  the  package  or  envelope  containing  the  detached 
stubs  and  unused  ballots,  must,  before  the  judges  adjourn, 
be  delivered  to  one  of  their  number,  to  be  determined 
by  lot,  unless  otherwise  agreed  upon.  (Act.  March  5, 
1907,  Sec.  7;  Laws  1907,  Chap.  88.) 

Sec.  583.  (Sec.  141 1.)  Delivery  to  County  Clerk. — ^The 
judges  to  whom  such  packages  are  delivered  must,  within 
twenty-four  hours,  deliver  them  without  their  having 
been  opened  to  the  County  Clerk,  or  convey  the  same 
unopened  to  the  postoffiice  nearest  the  house  in  which 
the  election  for  such  precinct  was  held  and  register  and 
mail  the  same,  duly  directed   to  the  said   clerk. 

Sec.  584.  Filing  of  Ballots  and  Stubs  by  County  Clerk. — 
Ballots  and  stubs  Upon  the  receipt  of  the  packages  by  the  County  Clerk, 
long.^  ^^  °^  he  must  file  the  one  containing  the  ballots  voted  and  the 
one  containing  the  detached  stubs  and  unused  ballots,  and 
must  keep  them  unopened  and  unaltered  for  twelve 
months,  after  which  time,  if  there  is  no  contest  com- 
menced in  some  tribunal  having  jurisdiction  about  such 
election,  he  must  burn  such  packages,  or  envelopes, 
without  opening  or  examining  their  contents.  (Act 
March   5,   1907,   Sec.  8;  Laws   1907,   Chap.   88.) 

Sec.  585.  Keeping  Returns  Pending  Contest. — If,  within 
twelve  months,  there  is  such  a  contest  commenced,  he 
must  keep  the  packages  or  envelopes  unopened  and  un- 
altered until  it  is  finally  determined,  when  he  must,  as 
provided  in  the  preceding  section,  destroy  them,  unless 
the  same  are,  by  virtue  of  an  order  of  the  tribunal  in 
which  the  contest  is  pending,  brought  and  opened  before 


STATE  OF  MONTANA  .  HE 


it,  to  the  end  that  evidence  may  be  had  of  their  contents, 
in  which  event  the  packages  or  envelopes  and  their  con- 
tents are  in  the  custody  of  such  tribunal.  (Act  March  5, 
1907,  Sec.  9;  Laws  1907,  Chap.  88.) 

Sec.  586.  Disposition  of  Returns  Prior  to  Canvass  of 
Vote. — The  envelopes  containing  the  check  lists,  certifi- 
cates of  registration,  poll  book,  tally  sheets  and  oaths  of 
election  officers  must  be  filed  by  the  County  Clerk  and  be 
kept  by  him,  unopened  and  unaltered,  until  the  Board  of 
County  Commissioners  meet  for  the  purpose  of  canvass- 
ing the  returns,  when  (he  must  produce  them  before  such 
board,  where  the  same  shall  be  opened.  (Act  March  5, 
1907,    Sec.    10;   Laws    1907,    Chap.   88.) 

Sec.  587.  (Sec.  1415.)  Clerk  to  File  in  His  OfEce 
Books,  Papers,  Etc. — As  soon  as  the  returns  are  can- 
vassed, the  clerk  must  file  in  his  offilce  the  poll  book, 
lists  and  the  papers  produced  before  the  board  from  t'he 
packages   mentioned   in  the  next  preceding  section. 


STATE  OP  MONTANA  117 


CANVASS      OF      RETURNS  — DECLARATION      OF 
RESULT  —  COMMISSIONS      AND      CER- 
TIFICATES   OF    ELECTION. 

(Sections  refer  to  Revised   Codes  of   1907;   sections   in 
brackets   refer   to   Codes  of   1895.) 

Section  588.    Meeting     of     Coimty     Commissioners     to     Canvass 
Returns. 
589*    In  Case  of  Absence  Certain  County  Officers  to  Act. 

590.  Canvass    to    be    Postponed — Wben, 

591.  Canvass  to  be  Public. 

592.  Statement  of  the  Results  to  be  Entered  of  Record. 

593.  Duties   of   Canvass'ng   Boards — Tie   Vote    for    State 

Senator    or    Representative. 
594;    Certificate  Issued  by  tbe  Clerk. 

595.  Returns  for  Joint  Members  of  House  of  Represen- 

tatives. 

596.  How    Transmitted. 

597.  Duty  of  Clerk  receiving  Such  Returns. 

598.  State  Returns — How  Made. 

599.  How    Tfansmitted. 

600.  State    Canvassers — Who    Comprise — When   to   Meet. 

601.  Messenger    May    be    Sent    for    Returns — His    Duty 

and    Compensation. 

602.  Governor  to  Issue  Commission. 

603.  Tie  Vote  on  State  Officers. 

604.  Tie   Vote   on   Judicial    Officers.  *    ' 

605.  Tie  Vote  on   Representatives   in   Congress. 

606.  Defects  in  Form  of  Returns  to  be  Disregarded. 

607.  Duty     of     Secretary     of     State     to     Print     Election 

Laws. 

608.  Penalties. 

Sec.  588.  (Sec.  1430.)  Meeting  of  County  Commis- 
sioners to  Canvass  Returns. — The  Board  of  County  Com- 
missioners of  each  county  is  ex-ofEcio  a  board  of  county 
canvassers  for  the  county,  and  must  meet  as  a  board 
of  county  canvassers  at  the  usual  place  of  meeting  of 
the  County  Commissioners  within  ten  days  after  each 
election  at  twelve  o'clock  noon,  to  canvass  the  returns. 

Sec.  589.  (Sec.  1431.)  In  Case  of  Absence,  Certain 
County  Officers  to  Act. — If  at  the  time  and  place  ap- 
pointed for  such  meeting,  one  or  more  of  the  County 
Commissioners  should  not  attend,  the  place  of  the  ab- 
sentees must  be  supplied  by  one  or  more  of  the  following 


jjg  ELECTION  LAWS 

CQunty  officers,  whose  duty  it  is  to  act  in  the  order  named, 
to-wit:  The  Treasurer,  the  Assessor,  the  Sheriff,  so  thait 
the  board  of  county  canvassers  shall  always  consist  of 
three  acting  members.  The  clerk  of  the  board  of  County 
Commissioners  is  the  clerk  of  the  board  of  county  can- 
vassers. 

Sec.    590.      (Sec.    1432.)      Canvass    to    Be    Postponed, 
When. — If  at  the  time  of  meeting  the  returns  from  each 

Belated    returns.  ...  ^       •  t  •   i  n  j    u 

precmct  m  the  county  m  which  polls  were  opened  nave 
been  received,  the  board  of  county  canvassers  must  then 
and  there  proceed  to  canvass  the  returns;  but  if  all  the 
returns  have  not  been  received  the  canvass  must  be  post- 
poned from  day  to  day  until  all  of  the  returns  are  re- 
ceived, or  until  seven  postponements  have  been  had.  If 
the  returns  from  any  election  precinct  have  not  been 
received  by  the  County  Clerk  within  seven  days  after 
any  election,  it  is  his  duty  forthwith  to  send  a  messenger 
to  the  judges  for  the  missing  returns,  who  must  procure 
such  returns  from  the  judges,  or  any  of  them,  and  return 
the  same  to  the  County  Clerk.  Such  messenger  must  be 
paid  out  of  the  county  treasury,  fifteen  cents  per  mile  in 
going  and  coming.  If  it  appears  to  the  board,  by  evi- 
dence, that  the  polls  were  not  opened  in  any  precinct, 
and  no  returns  have  been  received  therefrom,  the  board 
must  certify  to  the  same,  and  file  such  certificate  with 
the  County  Clerk,  with  the  evidence,  if  any,  who  must 
enter  the  same  in  the  minutes  and  in  the  statements 
mentioned  in   Section  592    (1434). 

Sec.    591.      (Sec.    1433.)      Canvass   to   Be   Public. — The 
canvass  must  be  made  in  public  by  opening  the  returns 
and   determining   therefrom   the   vote   of   such   county    or 
precinct   for   each   person   voted   for,  and   for  and   against 
Immaterial  irregu-  ^^^^  proposition  voted  upon  at  suoh  election,  and  declar- 
larities.  ing  the   result   thereof.      In   canvassing,   no   returns    must 

be  rejected  if  it  can  be  ascertained  therefrom  the  number 
of  votes  cast  for  each  person.  The  fact  that  the  returns 
do  not  show  who  administered  the  oath  to  the  judges 
or  clerks  of  election,  or  a  failure  to  fill  out  all  the  cer- 
tificates in  the  poll  books,  or  to  do  or  perform  any  other 
axt  in  making  up  the  returns,  that  is  not  essential  to  de- 


STATE  OF  MONTANA  119 


termine  for  whom  the  votes  were  cast,  is  not  such  an 
irregularity  as  to  entitle  the  board  to  reject  the  same, 
but  they  must  be  canvassed  as  other  returns   are. 

Sec.  592.  (Sec.  1434.)  Statement  of  the  Results  to 
Be  Entered  of  Record.-- -The  clerk  of  the  board  must, 
as  soon  as  the  result  is  declared,  enter  on  the  records 
of  such  board  a  statement  of  such  result,  which  statement 
must  show: 

1.  The  whole  number  of  votes  cast  in  the  county. 

2.  The  names  of  the  persons  voted  for,  and  the  propo- 
sitions  voted   upon. 

3.  The  office  to  fill  which  each  person  was  voted  for. 

4.  The  number  of  votes  given  at  each  precinct  to  each 
of  such  persons,  and  for  and  against  each  of  such  propo- 
sitions. 

5.  The  number  of  votes  given  in  the  county  to  each  of 
such  persons,  and  for  and  against  each  of  such  proposi- 
tions. 

Sec.  593.  (Sec.  1435.)  Duties  of  Canvassing  Boards — 
Tie  Vote  for  State  Senator  or  Representative. — The  board 

must  declare  elected  the  person  having  the  highest  num- 
ber of  votes  given  for  each  office  to  be  filled  by  the  votes 
of  a  single  county  or  a  subdivision  thereof,  and  in  the 
event  of  two  or  more  persons  receiving  an  equal  and 
sufficient  number  of  votes  to  elect  to  the  office  of  State 
Senator,  or  member  of  the  House  of  Representatives,  it 
shall  be  the  duty  of  the  board,  under  the  direction  of 
and  in  the  presence  of  the  district  court,  or  Judge  thereof, 
to  recount  the  ballots  cast  for  such  persons,  and  the 
board  shall  declare  elected  the  person  or  persons  shown 
by  the  recount  to  have  the  highest  number  of  votes  if 
such  recount  shall  show  that  two  or  more  such  persons 
receive  an  equal  and  sufficient  number  of  votes  to  eleQt 
to  the  same  office,  then,  and  in  that  event,  the  board  shall 
certify  such  facts  to  the  Governor.  (Approved  March  4, 
1909;  Laws  1909,  Chap.  84.) 

Sec.  594.  (Sec.  1436.)  Certificates  Issued  by  the 
Clerk. — The  clerk  of  the  Board  of  County  Commissioners 
must  immediately  make  out  and  deliver  to  such  person 
(except  to  the  person  elected  District  Judge)  a  certificate 


120  ELECTION  LAWS 

of   election    signed    by    him    and    authenticated    with    the 
seal  of  the   Board  of  County   Commissioners. 

^ec.  595.  (Sec.  1437.)  Returns  for  Joint  Members  of 
House  of  Representatives. — When  there  are   members  of 

Duty   of  County  ,        ,^  r    -r^  •  ,     t    <•  1         ,1  ^ 

Clerks.  the  House  of  Representatives  voted  for,  by  the  electors 

of  a  district  composed  of  two  or  more  counties,  each 
of  the  clerks  of  the  counties  composing  such  district, 
immediately  after  making  out  the  statement  specified  in 
Section  592  (1434),  must  make  a  certified  abstract  of  so 
much  thereof  as  relates  to  the  election  of  such  officers. 
Sec.  596.  (Sec.  1438O  How  Transmitted. — The  clerk 
must  seal  up  snch  abstract,  indorse  it  "Election  returns," 
and  without  delay  transmit  the  same  by  mail  to  the  clerk 
of  the  Board  of  Commissioners  of  the  county  which  stands 
first  in  alphabetical  arrangement  in  the  list  of  counties 
composing  such  district. 

Sec.  597.  (Sec.  1439.)  Duty  of  Clerk  Receiving  Such 
Returns. — The  clerk  to  whom  the  returns  of  a  district 
are  made,  must  on  the  twentieth  day  after  such  election, 
or  sooner,  if  the  returns  from  all  the  counties  in  the 
district  have  been  received,  open  in  public  such  returns, 
and  from  them  and  the  statement  of  the  vote  for  such 
officers   in   his   own   county: 

1.  Make  a  statement  of  the  vote  of  the  district  for 
such  officers,  and  file  the  same,  togetlier  with  the  returns, 
in   his  office. 

2.  Transmit  a  certified  copy  of  such  statement  to  the 
Secretary   of    State. 

3.  Make  out  and  deliver  or  transmit  by  mail  to  the 
person  elected  a  certificate  of  election  (unless  it  is  by 
law  otherwise  provided). 

Sec.  598.  (Sec.  1440.)  State  Returns,  How  Made. — 
Duty  of  Clerk  of  When  there  has  been  a  general  or  special  election  for 
Sonars.  ^°"'°'^^"  officers  voted  for  by  the  electors  of  the  State  at  large 
or  for  judicial  officers  (except  justices  of  the  peace),  each 
clerk  of  the  board  of  county  canvassers,  so  soon  as  the 
statement  of  the  vote  of  his  county  is  made  out  and  en- 
tered upon  the  records  of  the  Board  of  County  Commis- 
sioners, must  make  a  certified  abstract  of  so  much  thereof 
as  relates  to  the  votes  given  for  persons  for  said  offices 
to  be  filled  at  such  election. 


Belated    returns. 


STATE  OF  MONTANA  121 

Sec.  599-  (Sec.  1441.)  How  Transmitted. — ^The  clerk 
must  seal  up  such  abstract,  indorse  it  "Election  returns," 
and  without  delay  transmit  it  by  mail,  registered,  to  the 
Secretary  of  State. 

Sec.  600.  (Sec.  1442.)  State  Canvassers,  Who  Com-  g^ate  Boax*  of 
prise,  When  to  Meet.— On  the  first  Monday  of  December  canvassers, 
after  the  day  of  election,  at  twelve  o'clock  noon,  the 
State  Auditor,  State  Treasurer,  and  Attorney  General, 
who  constitute  a  board  of  State  canvassers,  must  meet 
in  the  office  of  the  Secretary  of  State  and  compute  and 
determine  the  vote,  and  the  Secretary  of  State,  who  is 
secretary  of  said  board,  must  make  out  and  file  in  his 
office  a  statement  thereof  and  transmit  a  copy  of  such 
statement   to    the    Governor. 

Sec.  601.  (Sec.  1443.)  Messenger  May  Be  Sent  for 
Returns — His  Duty  and  Compensation. — If  the  returns 
from  all  the  counties  have  not  been  received  on  the  fifth 
day  before  the  day  designated  for  the  meeting  of  the 
board  of  State  canvassers,  the  Secretary  of  State  must 
forthwith  send  a  messenger  to  the  clerk  of  the  board  of 
county  canvassers  of  the  delinquent  county,  and  such  clerk 
must  furnish  the  messenger  with  a  certified  copy  of  the 
statement  mentioned  in  Section  592  (1434).  The  person 
appointed  is  entitled  to  receive  as  compensation  five 
dollars  per  day  for  the  time  necessarily  consumed  in 
such  service  and  the  traveling  expenses  necessarily  in- 
curred. His  account  therefor,  certified  by  the  Secretary 
of  State,  after  being  allowed  by  the  board  of  examiners, 
must  be  paid  out  of  the  general  fund  of  the  State  treasury. 

Sec.  602.    (Sec.  1444.)    Governor  to  Issue  Commission. — 

Upon  receipt  of  such  copy  mentioned  in  Section  600  (1442) 
the  governor  must  issue  commissions  to  the  persons  who 
from  it  appear  to  have  received  the  highest  number  of 
votes  for  offices  to  be  filled  at  such  election.  In  case  a 
Governor  has  been  elected  to  succeed  himself,  the  Sec- 
retary of  State  must  issue  the  commission. 

Sec.  603.     (Sec.   1445.)     Tie  Vote  on  State   Officers. —  procedure. 
In   case  of  a  tie   vote   for   State   officers,   as   specified   in 
Section   457    (1171)    of   this    code,    it    is   the    duty    of   the 
Secretary  of  State  to  transmit  to  the  Legislative  Assembly, 


122 


ELECTION  LAWS 


Precedure. 


Procedure. 


UatrtbutioB  of 


at  its  next  regular  session,  a  certified  copy  of  the  state- 
ment showing  the  vote  cast  for  the  two  or  more  persons 
having  an  equal  and  the  highest  number  of  votes  for  any 
State  office. 

Sec.  604.  (Sec.  1446.)  Tie  Vote  on  Judicial  Officers. — 
In  case  any  two  or  more  persons  have  an  equal  and 
highest  number  of  votes  for  Justices  of  the  Supreme 
Court,  or  Judge  of  a  District  Court,  the  Secretary  of 
State  must  transmit  to  the  Governor  a  certified  statement 
showing  the  vote  cast  for  such  person  and  thereupon  the 
Governor  must  appoint  an  eligible  person  to  hold  office, 
as  in  case  of  other  vacancies  in  such  offices. 

Sec.  605.     (Sec.  1447.)  Tie  Vote  on  Representatives  in 

Congress. — In  case  of  a  failure  by  reason  of  a  tie  vote 
or  otherwise,  to  elect  a  Representative  in  Congress,  the 
Secretary  of  State  must  transmit  to  the  Governor  a  certi- 
fied statement  showing  the  vote  cast  for  such  persons 
voted  for,  and  in  case  of  a  failure  to  elect,  by  reason 
of  a  tie  vote,  or  otherwise,  the  Governor  must  order  a 
special  election. 

Sec.  606.  (Sec.  1448.)  Defect  in  Form  of  Returns  to 
Be  Disregarded. — No  declaration  of  the  result,  commission 
or  certificate  must  be  withheld  on  account  of  any  defect 
or  informality  in  the  return  of  any  election,  if  it  can, 
with  reasonable  certainty,  be  ascertained  from  such  re- 
turn what  office  is  intended  and  who  is  elected  thereto. 

Sec.  607.  (Sec.  1449.)  Duty  of  Secretary  of  State  to 
Print  Election  Laws. — It  is  the  duty  of  the  Secretary 
of  State  to  cause  to  be  published,  in  pamphlet  form,  a 
sufficient  number  of  copies  of  this  title,  and  such  other 
provisions  of  law  as  bear  upon  the  subject  of  elections, 
and  to  transmit  the  proper  number  to  each  County  Clerk, 
whose  duty  it  is  to  furnish  each  election  officer  in  his 
county  with  one  of  such  copies. 

Sec.  608.  (Sec.  1450.)  Penalties.— The  penalties  for 
^e  violation  of  this  title  are  prescribed  in  Title  IV, 
Part  I,  of  the  Penal  Code.  (See  Crimes  Against  Elective 
Franchise,   at   end   of   Pamphlet.) 


STATE  OF  MONTANA  123 


ELECTION  FOR  ELECTORS  OF  PRESIDENT  AND 
VICE  PRESIDENT. 

(Sections  refer  to  Revised  Codes  of  1907;  the  Sections 
in  brackets  refer  to  Codes  of   1895.) 
Section  626.     Electors,  WTien  Chosen 

627.  Returns,  How  Made. 

628.  Duty  of  Grovernor. 

629.  Meeting  of  Electors. 

630.  Vacancies — How  Supplied. 

631.  Voting  of  Electors  and  Return. 

632.  Separate   Ballots   for    President   and   Vice-President. 

633.  Must  Make  Lists  of  Persons  Voted  for. 

634.  Results   to  be  Transmitted  as  Provided  by  Law   of 

the   United   States. 

635.  Compensation  of  Electors. 

636.  How  Audited  and  Paid. 

Sec.  626.  ((Sec.  1460.)  Electors,  When  Chosen,— At 
the  general  election  in  November  preceding  the  time  fixed 
by  the  law  of  the  United  States  for  the  choice  of  Presi- 
dent and  Vice  President  of  the  United  States,  there  must 
be  elected  as  many  Electors  of  President  and  Vice  Presi- 
dent as  this  State  is  entitled  to  appoint. 

Sec.  627.  (Sec.  1461.)  Returns,  How  Made. — The  votes 
for  Electors  of  President  and  Vice  President  must  be 
canvassed,  certified  to  and  returned  in  the  same  manner 
as  the  votes  for  State  officers. 

Sec.  628.  (Sec.  1462.)  Duty  of  Governor. — The  Gover- 
nor must  transmit  to  each  of  the  Electors  a  certificate 
of  election,  and  on  or  before  the  day  of  their  meeting 
deliver  to  each  of  the  Electors  a  list  of  the  names  of 
Electors,  and  must  do  all  other  things  required  by  him 
in  the  premises  by  any  act  of  Congress  in  force  at  the 
time. 

Sec.  629.  (Sec.  1463.)  Meeting  of  Electors. — The 
Electors  chosen  must  assemble  at  the  seat  of  govern- 
ment on  the  second  Monday  in  January  next  after  their 
election,   at  two   o'clock  in   the  afternoon. 

Sec.  630.     (Sec.   1464.)  Vacanacies,  How  Supplied. — In 

case  of  the  death  or  absence  of  any  Elector  chosen,  or  in 
case  the  number  of  Electors  from  any  cause  be  deficient, 


124  ELECTION  LAWIS 


the  Electors  then  present  must  elect,  from  the  citizens 
of  the  State,  so  many  persons  as  will  supply  such  de- 
ficiency. 

Sec.  631.  (Sec.  1465.)  Voting  by  Electors  and  Re- 
turns.— The  Electors  when  convened  must  vote  by  ballot 
for  one  person  for  President  and  one  for  Vice  President 
of  the  United  States,  one  of  whom  at  least  is  not  an 
inhabitant   of   this    State. 

Sec.  632.  (Sec.  1466.)  Separate  Ballots  for  President 
and  Vice  President. — They  must  name  in  their  ballots 
the  persons  voted  for  as  President,  and  in  distinct  ballots 
the  persons  voted  for  as  Vice  President. 

Sec.  633.  (Sec.  1467.)  Must  Make  Lists  of  Persons 
Voted  For, — They  must  make  distinct  lists  of  all  persons 
voted  for  as  President  and  of  all  persons  voted  for  as 
Vice  President,  and  of  the  number  of  votes  given  for  each. 

Sec.  634.  (Sec.  1468.)  Results  to  Be  Transmitted  as 
Provided  by  Law  of  the  United  States. — They  must  certify, 
seal  up,  and  transmit  such  lists  in  the  manner  prescribed 
by  the  constitution  and  laws  of  the  United  States. 

Sec.  635.  (Sec.  1469.)  Compensation  of  Electors. — 
Electors  receive  the  same  pay  and  mileage  as  is  allowed 
to  members  of  the  Legislative  Assembly. 

Sec.  636.  (Sec.  1470.)  How  Audited  and  Paid. — Their 
accounts  therefor,  certified  by  the  Secretary  of  State,  must 
be  audited  by  the  State  Auditor,  who  must  draw  his 
warrants  for  the  same  on  the  Treasurer,  payable  out  of 
the  general  fund. 

(Note: — See  Preferential  Primaries  for  President  and 
Vice  President.) 


r 


STATE  OF  MONTANA  125 


ELECTIONS    FOR    MEMBERS    OF    CONGRESS. 

Election   for   Senators. 
Section  637.     Election   for   Full   Term. 

638.    Election    to    Fill    Vacancy. 

Sec.  537.  (Sec.  1480.)  Election  for  Full  Term. — Elec- 
tions for  Senators  in  Congress  for  full  terms  must  be  held 
at  the  regular  session  of  the  Legislative  Assembly  next 
preceding  the  commencement  of  the  term  to  be  filled. 

Sec.  638.  (Sec.  1481.)  Election  to  Fill.  Vacancy. — 
Elections  to  fill  a  vacancy  in  the  term  of  a  United  States 
Senator  must  be  held  at  the  session  of  the  Legislative 
Assembly  next  preceding  the  occurrence  of  such  vacancy, 
or  if  the  Legislative  Assembly  be  in  session  at  the  time 
of  the  occurrence  of  the  vacancy,  then  at  such  session. 

(Note: — See  Nomination  of  Candidates  for  Office  of 
United    States   Senator.) 


STATE  OF  MONTANA  127 

y 

NOMINATION  OF  CANDIDATES  FOR  OFFICE  OF 
UNITED   STATES   SENATOR. 

(Laws  of  191 1,  Chapter  60,  approved  March  i,  191 1.) 
Section  1.    United    States    Senators— Political    State    Conirentions 
Shall  Nominate  When— To  Certify  Nomination. 

2.  Election   Proclamation   of  the  Governor. 

3.  Electors   May  Vote   for   Senators — How. 

4.  Ballots   Shall   Contain   the   Names   of    Candidates   for 

United       Sitates     Senator— Term       Sh|all       be 
Designated. 

5.  Canvassing— Transmitting    and    Certifying    Vote. 

6.  Nomination     by    Petition — Basis     for     Computing    Re- 

quired Number  of  Names  on  Petition — How  Placed 
Upon  Official  Ballot. 

7.  Governor   Shall   Certify   to   the  Legislature   the   Num- 

ber of  Votes  Received  by  Each  Candidate — Can- 
didates  May   File   Statement. 

8.  Candidates    for    State    Senator   or    the    House    of    Re- 

.presentatives  May  File  a  Statement  in  the  Of- 
fice of  the  County  Recorder — When. 

9.  Certificate    to    be    Prepared    by    County    Clerk    and 

Recorder — Publication    of    Certificates. 

Sec.   I.     It  shalil  be  the  duty  of  the   State   convention  Political  state  con- 
of  any  political  party  within  the  State  of  Montana,  held  Tnati?''^wS ''°°'" 
next  preceding  any  session  of  the   Legislative  Assembly 
at   which   is   to   be    elected    a   United    States    Senator,    to 
nominate    in    the    same    manner    as    candidates    for    State 
officers  are  nominated,  a  candidate  of  such  political  party 
for  the  office  of  Senator  in  the   Congress   of  the  United  to  certify  nom- 
States   and   to  certify  such   nomination   to   the   Secretary  ^^"°^- 
of   State    in    the    same    manner   as    is    now    provided    for 
certifying    nominations   of   candidates    for    State    officers, 
and    it   shall   be   the   duty   of   the    Secretary   of    State    to   Duty  of  secretary 
treat   such   nominations   for   Senator   in    the    Congress   of   °^  ®^^^^' 
the  United  States  in  the  same  manner  as  candidates  and 
nominations    for    State    officers,    "and    to    certify    to    the 
County  Clerk  of  each  county  the  nominations  for  United 
States   Senator,   so   made   as   shown   by   and    specified    in  shaii  certify  nom- 

•^  ^  inations    to    the 

such  certificates  of  nomination  at  the  same  time  and  in  ^"h^^ounty!^  °^ 
the   same    manner   as    is    now   provided    by    law    for    the 
certification  by  him  to  the  various  county  clerks  of  nomi- 
nations made  of  candidates  for  State  offices." 


128  ELECTION  LAWS 

Sec.  2.    The  election  proclamation  of  the  Governor  pro- 
vided for  in  Section  452  and  453,  Revised  Codes,  State  of 
Election  prociama-  Montana,  1007,  shall  contain,  in  case  of  a  general  election 

tlon    of    the  .  ,.'  ,.  i  -  r.i        t        'i.^-  a 

governor.  immediately  precedmg  the  session  of  the  Legislative  As- 

sembly at  which  is  to  be  elected  a  United  States  Senator, 
a  statement  to  the  eflfect  that  at  such  election  the  electors 
may  express  their  choice  for  the  office  of  United  States 
Senator. 

Sec.   3.     At   the   general    election   held   next    preceding 

any  session   of  the   Legislative   Assembly  at  which   is   to 

be  elected   a  United   States   Senator,   the   electors   of  the 

Electors  may  vote   State    shall    have    the    risfht   to    express    their    choice    for 

for    senators,    how.  ,-r-r.ir>  r^-i  <■ 

such  United  States  Senator,  m  the  same  manner  as  for 
the  candidates  for  the  various  offices  to  be  filled  at  such 
election,  and  shall  have  the  right  to  vote  in  the  same 
manner  as  they  vote  for  other  candidates  for  office,  for 
one  or  the  other  of  such  persons  so  nominated  for  the 
office  of  Senator  in  the  Congress  of  the  United  States 
and  certified  and  appearing  upon  the  offi'cial  ballot,  as 
aforesaid. 

Ballots   shall   con-       Scc.  4.     All  ballots  prepared  for  use  at  any  such  elec- 

tain    the   names    of      .  ^  ,  ,     ,     ,         o        .  r      ^         -rw       •       ^     ^     1 

candidates  for.  tion  as  provided  by  Section  545  of  the  Revised  Codes 
of  Montana  of  1907,  shall  contain  in  each  list  of  candi- 
dates of  the  several  parties,  the  candidates  of  each  po- 
litical party   for  the  office  of  United   States    Senator,   or 

„^^  the  candidates  of  such  party,  in  case  two  are  to  be  elected 

When     names     are  _  r        j  ' 

to    be    placed    on  at    the   same   time,    the    candidate    or   candidates,    as    the 

ballots.  '  ' 

case  may  be,  of  each  political  party  for  the  office  of 
United  States  Senator  being  placed  first  in  the  list  after 
words,  "For  United  States  Seantor."  In  case  two  Senators 
are  to  be  elected,  the  length  of  the  term  to  fill  which 
designated^^  ^®  each  candidate  is  nominated  shall  he  designated  by  ap- 
propriate reference  on  the  ballot  immediately  before  his 
name. 

mmlnS^'aSd  ^Je?til       ^^^-   ^'  ^^^   "^^^^   ^^^   United    States    Senator   must   be 
fying  vote.  canvassed,  certified  to  and  transmitted  in  the  same  man- 

ner as  the  vote  for  State  officers. 

Nomination  by  ^ec.  6.    Candidates  for  the  office  of  Senator  in  Congress 

^^'*'''"-  of  the  United   States  may  be  nominated  otherwise   than 

by   political   party    conventions   or   primary    meetings,    in 


STATE  OF  MONTANA  129 

the  same  manner  as  other  candidates  for  office  may  now  S|^^reqSfred°'^Sm- 

be   nominated   otherwise   than   by   convention  or  primary  ^[iti^n^  names   on 

meeting,   as   provided   for   in    Section   524   of   the    Revised 

Codes,    State    of    Montana,    1907.     Provided,    that    in    the 

case   of   the    first    election    held    under    the    provisions   of 

this  act,  the  vote  for  Governor  shall  be  used  as  a  basis  ^i^i^i^^^^tot.  ''^°'' 

of  computation  and  when  so  nominated  their  names  shall 

be    placed    upon    the    official   ballot    to   be    used    at    such 

general  election,  in  the  same  ^manner  as  is  now  provided 

by   law   for   State   officers   not   nominated   by    convention 

or    primary    meeting,    and    may    be    voted    upon    by    the 

electors   of   the    State    as   herein   provided    in    relation    to 

candidates    for    Senator    in    the    Congress    of    the    United 

States    nominated    by    political    conventions    or    primary 

meetings. 

Sec.  7.    The  Governor  shall,  upon  the  convening  of  any 

.,         _        ...  A  rt,  ,.1  TT-xi    Governor  shall  cer- 

session   of  the   Legislative   Assembly   at  which   a    united  tify  to  the  legisia- 
States   Senator  is   to  be   elected,   transmit  to  each   house  votes    ?ece"i^ed^by 
a   certificate   showing   the    number   of   votes    received   by 
each   candidate  for  United   States   Senator,   so   nominated 
as  aforesaid,  as   returned   to  him   by  the  State  board   of 
canvassers,  for  their  information  and  guidance. 

Sec.  8.  Any  candidate  for  the  office  of  Senator  or 
Representative  in  the  Legislative  A:-sembly  who  has  been  Aie^^stet^ment.^^ 
nominated  by  a  party  convention  for  such  office,  or  who 
has  been  nominated  by  a  party  convention  for  such 
office  as  provided  for  in  Section  524  of  the  Revised 
Codes,  State  of  Montana,  1907,  may  not  more 
than  thirty  days  nor  less  than  twenty  -days, 
before  the  day  upon  which  the  general  election  is  to  be 
held,  file  with  the  County  Clerk  and  Recorder  of  the 
county  wherein  such  person  is  a  candidate,  one  or  the 
other  of  the  following  statements: 

Statement  No.  i. 
I  state  to  the  people  of  Montana,  as  well  as  to  the  statement  No.  1. 
people  of  my  county,  that  during  my  term  of  office  I 
will  always  vote  for  that  candidate  for  United  States 
Senator  in  Congress  who  has  received  the  highest  num- 
ber of  the  people's  votes  for  that  position  at  the  general 
election  next  preceding  the  election  of  a  Senator  in  Con- 


130 


Statement  No.  2. 


Certificate  to  be 
prepared  by  county- 
clerk  and  recorder. 


Publication    of 
certificates. 


Repealing  clause. 


ELECTION  LAWS 
gres^  without   regard   to  my  individual  preference. 


(Signature  of  Candidate.) 

Statement  No.  2. 

During  my  term  of  office  I  shall  consider  the  vote  of 
the  people  for  the  United  States  Senator  in  Congress 
as  nothing  more  than  a  recommendation  which  I  shall 
be  at  liberty  to  wholly  disregard,  if  the  reason  for  doing 
so  seems  to  'me  to  be  sufficient. 


(Signature  of  Candidate.) 

Sec.  9.  Each  County  Clerk  and  Recorder  within  the 
State  of  Montana  shall  prepare  a  certificate  under  his 
liand  and  the  seal  of  his  office,  showing  what  candidates 
for  the  office  of  Senator  or  Representative  in  the  Legis- 
lative Assembly  have  duly  signed  and  filed  Statement 
No.  I,  and  also  showing  what  candidates  for  such  offices 
have  duly  signed  and  filed  Statement  No.  2,  and  also 
showing  what  candidates  for  office  have  failed  to  file 
either  of  said  statements,  and  shall  cause  such  certificate 
to  be  published  in  some  newspaper,  either  weekly  or 
daily,  within  his  said  county,  and  if  there  be  a  daily  news- 
paper published  in  said  county,  said  certificate  shall  ;be 
published  in  said  daily  newspaper  for  fourteen  successive 
days  next  preceding  the  day  upon  which  such  general 
election  is  to  be  held,  and  if  there  be  no  daily  newspaper 
published  in  said  county,  then  said  certificate  shall  be 
published  in  some  weekly  newspaper  published  in  said 
county  once  each  week  during  the  two  weeks  next  pre- 
ceding the  day  of  such  general  election. 

Sec.  10.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

Sec.  II.  This  act  shall  be  in  full  force  and  effect  from 
and   after   its   passage   and   approval. 


A  Bill  to  Propose  by  Initiative  a  Law  to  Instruct  the 
Members  of  the  Legislative  Assembly  to  Vote  for  and 
Elect  the  Candidates  Selected  by  the  People  for  United 
States  Senator  From  Montana. 


STATE  OP  MONTANA  131 


(Initiated  by  the  people  and  passed  at  general  election 
of  November,  1912.) 

Be  It  Enacted  by  the  People  of  the  State  of  Montana: 

Sec.  I.  That  we,  the  people  of  the  State  of  Montana, 
hereby  instruct  our  Representatives  and  Senators  in  our 
Legislative  Assembly,  as  such  officers,  to  vote  for  and 
elect  the  candidates  for  United  States  Senator  from  this 
State  who  receive  the  highest  number  of  votes  at  our 
general  elections. 


ELECTIONS    FOR    REPRESENTATIVES    IN 

CONGRESS. 

SeiStion  639.    When   Held. 

640.  Returns — How    Made. 

641.  Certificates  Issued  by  Governor. 

Sec.  639.  (Sec.  1490.)  When  Held. — At  the  general 
election  to  be  held  in  the  year  eighteen  hundred  and 
ninety-two  and  at  the  general  election  every  two  years 
thereafter,  there  must  be  elected  for  each  congressional 
district  one  Representative  to  the  Congress  of  the  United 
States. 

(Note : — Montana  is  now  entitled  to  two  Representa- 
tives in  Congress.) 

Sec.  640.  (Sec.  1491.)  Returns,  How  Made. — ^The  vote 
for  Representative  in  Congress  must  be  canvassed,  cer- 
tified to  and  transmitted  in  the  saime  manner  as  the  vote 
for  State  officers. 

Sec.  641.  (Sec.  1492.)  Certificates  Issued  by  Gover- 
nor.— The  Governor  must,  upon  the  receipt  of  the  state- 
ment mentioned  in  Section  600  (1442),  transmit  to  the 
person  elected  a  certificate  of  his  election,  sealed  with 
the  great  seal  and  attested  by  the  Secretary  of  State. 


STATE  OF  MONTANA  133 


APPORTIONMENT   AND   REPRESENTATION. 

(Constitutional    Provisions.) 


ARTICLE  V;I. 
Sec.  I.  One  Representative  in  the  Congress  of  the 
United  States  shall  he  elected  from  the  State  at  large, 
the  first  Tuesday  in  October,  1889,  and  thereafter  at  such 
times  and  places,  and  in  such  manner  as  may  be  pre- 
scribed by  law.  When  a  new  appwDrtionment  shall  be 
made  by  Congress  the  Legislative  Assembly  shall  divide 
the  State  into  congressional  districts  accordingly. 

Sec.  2.  The  Legislative  Assembly  shall  provide  by 
law  for  an  enumeration  of  the  inhabitants  of  the  State 
in  the  year  1895  and  every  tenth  year  thereafter;  and 
at  the  session  next  following  such  enumeration,  and  also 
at  the  session  next  following  an  enumeration  made  by 
the  authority  of  the  United  States,  shall  revise  and  adjust 
the  apportionment  for  Representatives  on  the  hasis  of 
such  enumeration  according  to  ratios  to  be  fixed  by  law. 

Sec.  3.  Representative  districts  may  be  altered  from 
time  to  time  as  public  convenience  may  require.  When 
a  representative  district  shall  be  composed  of  two  or 
more  counties,  they  shall  be  contiguous,  and  the  districts 
as  compact  as  may  be.  No  county  shall  be  divided  in  the 
formation  of  representative  districts. 

Sec.  4.  Whenever  new  counties  are  created,  each  of 
said  counties  shall  be  entitled  to  one  Senator,  but  in  no 
case  shall  a  senatorial  district  consist  of  more  than  one 
county.     (See  also  Section  42,   Revised   Codes,   1907.) 

ARTICLE    V. 

Legislative   Department. 

Sec.  2.  Senators  shall  be  elected  for  the  term  of  four 
years,  and  Representatives  for  the  term  of  two  years, 
except  as  otherwise  provided  in  this  constitution. 

Sec.  3.  No  person  shall  be  a  Representative  who  shall 
not  have  attained  the  age  of  twenty-one  years,  or  a  Sena- 
tor who  shall  not  have  attained  the  age  of  twenty-four 
years,  and  who  shall  not  be  a  citizen  of  the  United  States, 


136  ELECTION  LAWS 


JUDICIAL    DISTRICTS. 

As    at    Present    Constituted,    With    Number    of    Judges 

in    Each. 

First  District:  County  of  Lewis  and  Clark — Two 
Judges. 

Second  District:     County  of  Silver  Bow — Three  Judges. 

Third  District:  Counties  of  Deer  Lodge,  Powell  and 
Granite — One  Judge. 

Fourth  District:  Counties  of  Missoula,  Ravalli  and 
Sanders — Two  Judges. 

Fifth  District:  Counties  of  Beaverhead,  Jefferson  and 
Madison — Two  Judges. 

Sixth  District:  Counties  of  Park,  Stillwater  and  Sweet 
Grass — One  Judge. 

Seventh  District :  Counties  of  Custer,  Dawson  and  Fal- 
lon— One  Judge. 

Eighth  District:  Counties  o'f  Cascade  and  Teton — Two 
Judges. 

Ninth  District:     County  of  Gallatin — One  Judge. 

Tenth  District:     County  of  Fergus — ^One  Judge. 

Eleventh  District:  Counties  of  Flathead  and  Lincoln- 
One  Judge. 

Twelfth  District:  Counties  of  Blaine,  Chouteau,  Hill, 
Sheridan  and  Valley — Two  Judges. 

Thirteenth  District:  Counties  of  Carhon,  Musselshell, 
Rosebud,  Yellowstone  and  Big  Horn — Two  Judges. 

Fourteenth  District:  Counties  of  Meagher  and  Broad- 
water— One   Judge. 

(Note: — The  above  includes  all  counties  created  up  to 
date  of  publication  of  this  pamphlet.) 

JUDICIAL     OFFICERS. 

JUSTICES    OF    THE    SUPREME    COURT. 

Constitutional   Provisions — Article   VIII. 

Sec.  6.  The  Justices  of  the  Supreme  Court  shall  be 
elected  by  electors  of  the  State  at  large,  as  hereinafter 
provided. 

Sec.  7.  The  term  of  office  of  the  Justices  of  the  Su- 
preme Court,  except  as  in  this  constitution  otherwise 
provided,   shall   be   six  years. 


STATE  OF  MONTANA  137 


Sec.  8.  There  shall  be  elected  at  the  first  general  elec- 
tion, provided  for  by  this  constitution,  one  Chief  Justice 
and  two  Associate  Justices  of  the  Supreme  Court.  At 
said  first  election  the  Chief  Justice  shall  be  elected  to 
hold  his  ofiice  until  the  general  election  in  the  year  one 
thousand  eight  hundred  ninety-two  (1892),  and  one  of 
the  Associate  Justices  to  hold  his  offi'ce  until  the  general 
election  in  the  year  one  thousand  eight  hundred  ninety- 
four  (1894),  and  the  other  Associate  Justice  to  hold  his 
offiice  until  the  general  election  in  the  year  one'  thousand 
eight  hundred  ninety-six  (1896),  and  each  shall  hold  until 
his  successor  is  elected  and  qualified.  The  terms  of 
office  of  said  Justices,  and  which  one  shall  be  Chief 
Justice,  shall  at  the  first  and  all  subsequent  elections  be 
designated  by  ballot.  After  said  first  election  one  Chief 
Justice  or  one  Associate  Justice  shall  be  elected  at  the 
general  election  every  two  years,  commencing  in  the 
year  one  thousand  eight  hundred  ninety-two  (1892),  and 
if  the  Legislative  Assembly  shall  increase  the  number 
of  Justices  to  five,  the  first  terms  of  offiice  of  such  addi- 
tional Justices  shall  be  fixed  by  law  in  such  manner 
that  at  least  one  of  the  five  Justices  shall  be  elected  every 
two   years. 

Sec.  10.  No  person  shall  be  elegible  to  the  office  of 
Justice  of  the  Supreme  Court,  unless  he  shall  have  been 
admitted  to  practice  law  in  the  Supreme  Court  of  the 
Territory  or  State  of  Montana,  be  at  least  thirty  years 
of  age,  and  a  citizen  of  the  United  States,  nor  unless 
he  shall  have  resided  in  said  Territory  or  State  at  least 
two  years  next  preceding  his  election. 


Code    Provisions. 

(Sections  refer  to  Revised   Codes  of   1907;  Sections   in 
brackets  refer  to   Codes  of   1895.) 
Section  6244.     Justices — Election — Terms   of   Office. 

6245.  Computation  of  Years  of  Office. 

6246.  Vacancies. 

Sec.  6244.  (Sec.  12.)  Justices — Election  and  Terms 
of  Office. — The  Supreme  Court  consists  of  a  Chief  Justice 
and  two  Associate  Justices,  who  shall  be  elected  by  the 


ELECTION  LAWS 

qualified  electors  of  the  State  at  large,  at  the  general 
State  elections  next  preceding  the  expiration  of  the  terms 
cf  office  of  their  predecessors  respectively,  and  hold  their 
offices  for  the  term  of  six  years  from  and  after  the  first 
Mondays  of  January  next  succeeding  their  election; 
Provided,  that  of  the  Justices  elected  at  the  general  State 
election  of  1889,  the  Ohief  Justice  shall  go  out  of  office 
on  the.  first  Monday  of  January,  1893,  and  the  two  Associ- 
ate Justices  shall  go  out  of  office  on  the  first  Mondays 
of  January,   1895  and   1897,   respectively. 

Sec.  6245.     (Sec.  13.)     Computation  of  Years  of  Office. — 

The  years  during  which  a  Justice  of  the  Supreme,  Court 
is  to  hold  offi'ce  are  to  be  computed  respectively  from 
and  including  the  first  Monday  of  January  of  any  one 
year  to  and  excluding  the  first  Monday  of  January  of 
the  next  succeeding  year. 

Sec.  6246.  (Sec.  14.)  Vacancies. — If  a  vacancy  occur 
in  the  office  -of  a  Justice  of  the  Supreme  Court,  the 
Governor  must  appoint  an  elegible  person  to  hold  the 
offi'ce  until  the  election  and  qualification  of  a  Justice  to 
fill  the  vacancy,  which  election  must  take  place  at  the 
next  succeeding  general  election ;  and  the  Justice  so 
elected  holds  the  office  for  the  remainder  of  the  unexpired 
term  of  his  predecessor. 


JUDGES    OF    THE    DISTRICT    COURTS. 

Constitutional    Provisions — Article    VIII. 

Sec.  16.  No  person  shall  be  eligible  to  the  office  of 
Judge  of  the  District  Court  unless  he  be  at  least  twenty- 
five  years  of  age  and  a  citizen  of  the  United  States,  and 
shall  have  been  admitted  to  practice  law  in  the  Supreme 
Court  of  the  Territory  or  State  of  Montana,  nor  unless 
he  shall  have  resided  in  this  State  or  Territory  at  least 
one  year  next  preceding  his  election.  He  need  not  be  a 
resident  of  the  district  for  which  he  is  elected  at  the 
time  of  his  election,  but  after  his  election  he  shall  reside 
in  the  district  for  which  ihe  is  elected  during  his  term 
of  office. 


STATE  OF  MONTANA  139 


Code  Provisions. 
Section  6264.     Number  of  Judges   in   Districts 

6267.  Term  of  Office. 

6268.  Computation  of  Years  of  Office. 

6269.  Vacancies. 

Sec.    6264.      Number   of   Judges   in   District   Court. — In 

each  judicial  district  there  must  be  a  Judge  of  the  Dis- 
trict Court,  who  must  be  elected  by  the  qualified  voters 
of 'the  district,  and  whose  term  of  office  is  four  years. 

Sec.  6267.  (Sec.  33.)  Term  of  Office. — The  term  of 
office  of  Judges  of  the  District  Court  begins  on  the  first 
Monday  of  January  next  succeeding  their  election. 

Sec.  6268.  (Sec.  34.)  Computation  of  Years  of  Office. — 
The  years  during  which  a  Judge  of  a  District  Court  is 
to  hold  office  are  to  be  computed,  respectively,  from  and 
including  the  first  Monday  of  January  of  any  one  year 
to  and  excluding  the  first  Monday  of  January,  of  the 
next  succeeding  year. 

Sec.  6269.  (Sec.  35.)  Vacancy. — If  a  vacancy  occur  in 
the  office  of  a  Judge  of  a  District  Court,  the  Governor 
must  appoint  an  elegible  person  to  hold  the  office  until 
the  election  and  qualification  of  a  Judge  to  fill  the  va- 
cancy, which  election  must  take  place  at  the  next  suc- 
ceeding general  election,  and  the  Judge  so  elected  holds 
office   for   the   remainder   of   the   unexpired    term. 


JUSTICES    OF   THE    PEACE. 
Constitutional    Provision — Article    VIII. 

Sec.  20.  There  shall  be  elected  in  each  organized  town- 
ship of  each  county  by  the  electors  of  such  township  at 
least  two  Justices  of  the  Peace,  who  shall  hold  their 
offices,  except  as  otherwise  provided  in  this  constitution, 
for  the   term   of  two   years. 


Code  Provisions. 
Section  6279.     Justices'  Courts  and  Justices. 

6283.  Terms  of  Office. 

6284.  Vacancies. 


Sec.  6279.     (Sec.  60.)     Justices'  Courts  and  Justices. 


140  ELECTION  LAWS 


There  must  be  at  least  two  Justices'  Courts  in  each  of 
the  organized  townships  of  the  State,  for  which  two 
Justices  of  the  Peace  must  be  elected  by  the  qualified 
electors  of  the  township  at  the  general  State  election 
next  preceding  the  expiration  of  the  term  of  office  of  his 
predecessor. 

Sec.  6283.  (Sec.  64.)  Terms  of  Office. — The  term  of 
offiice  of  Justices  of  the  Peace  is  two  years  from  the  first 
Monday  in  January  next  succeeding  their  election. 

Sec.  6284.  (Sec.  65.)  Vacancies. — If  a  vacancy  occurs  in 
the  office  of  a  Justice  of  the  Peace,  the  County  Commis- 
sioners of  the  county  must  appoint  an  eligible  person  to 
hold  the  office  for  the  remainder  of  the  unexpired  term. 

(Note: — Act  of  1909  (Chapter  113),  providing  for  non- 
partisan nomination  of  judicial  officers,  held  unconstitu- 
tional in  State  ex  rel.  Holliday  v.  O'Leary,  43  Mont.  157, 
decided  March  29,   191 1.) 


STATE  OF  MONTANA  141 


GOVERNMENT    OF    COUNTIES. 


Constitutional   Provisions — Article    XVI. 

Sec.  4.  In  each  county  there  shall  'be  elected  three 
County  Commissioners  whose  term  of  offi'ce  shall  be  for 
six  years ;  Provided,  that  the  term  of  office  of  those  elected 
on  November  6,  1900,  shall  expire  on  the  first  Monday 
in  January,  1907;  Provided  further,  that  at  the  general 
election  to  be  held  in  November,  1902  (in  counties  where 
Commissioners  are  to  be  elected)  three  Commissioners 
are  to  be  elected  whose  terms  shall  expire  on  the  first 
Monday  in  January,  1907 ;  Provided  further,  that  at  the 
general  election  to  be  held  in  November,  1900,  one  Com- 
missioner shall  be  elected  for  a  term  of  two  years,  one 
Com,missioner  shall  be  elected  for  a  term  of  four  years, 
and  one  Commissioner  shall  be  elected  for  a  term  of 
six  years,  whose  term  of  office  shall  commence  on  the 
said  first  Monday  in  January,  1907;  and,  Provided  further, 
that  at  each  general  election  thereafter,  commencing  with 
the  'general  election  to  be  held  in  Novem'ber,  1908,  one 
Commissioner  shall  be  elected  for  a  term  of  six  years. 
A  vacancy  in  the  Board  of  County  Commissioners  shall 
be  filled  by  the  Judge  of  the  judicial  district  in  which  the 
vacancy  occurs.      (Adopted   November  4,   1902.) 

Sec.  5.  There  shall  be  elected  in  each  county  the 
following  officers :  One  County  Clerk,  who  shall  be  clerk 
of  the  Board  of  the  County  Commissioners  and  ex-officio 
Recorder ;  one  Sherifif ;  one  Treasurer,  who  shall  be  collector 
of  taxes;  Provided,  That  no  person  shall  hold  the  office  of 
County  Treasurer  for  more  than  two  consecutive  terms; 
one  County  Superintendent  of  Schools;  one  County  Sur- 
veyor; one  Assessor;  one  Coroner;  one  Public  Adminis- 
trator. Persons  elected  to  the  different  offices  named  in 
this  section  shall  hold  their  respective  offices  for  the 
term  of  two  years,  and  until  their  successors  are  elected 
and  qualified.  Vacancies  in  all  county,  township  and 
precinct  offilces,  except  that  of  County  Commissioners, 
shall  be  filled  by  appointment  by  the  Board  of  County 
Commissioners,  and  the  appointee  shall  hold  his  office 
until  the  next  general  election. 


140  ELECTION  LAWS 


There  must  be  at  least  two  Justices'  Courts  in  each  of 
the  organized  townships  of  the  State,  for  whic'h  two 
Justices  of  the  Peace  must  be  elected  by  the  qualified 
electors  of  the  township  at  the  general  State  election 
next  preceding  the  expiration  of  the  term  of  office  of  his 
predecessor. 

Sec.  6283.  (Sec.  64.)  Terms  of  Office. — The  term  of 
offiice  of  Justices  of  the  Peace  is  two  years  from  the  first 
Monday  in  January  next  succeeding  t'heir  election. 

Sec.  6284.  (Sec.  65.)  Vacancies. — If  a  vacancy  occurs  in 
the  office  of  a  Justice  of  the  Peace,  the  County  Commis- 
sioners of  the  county  must  appoint  an  eligible  person  to 
hold  the  office  for  the  remainder  of  the  unexpired  term. 

(Note: — Act  of  1909  (Chapter  113),  providing  for  non- 
partisan nomination  of  judicial  officers,  held  unconstitu- 
tional in  State  ex  rel.  Holliday  v.  O'Leary,  43  Mont.  157, 
decided  March  29,   1911.) 


STATE  OF  MONTANA  141 


GOVERNMENT    OF    COUNTIES. 


Constitutional   Provisions — Article    XVI. 

Sec.  4.  In  each  county  there  shall  'be  elected  three 
County  Commissioners  whose  term  of  office  shall  be  for 
six  years ;  Provided,  that  the  term  of  office  of  those  elected 
on  November  6,  1900,  shall  expire  on  the  first  Monday 
in  January,  1907;  Provided  further,  that  at  the  general 
election  to  be  held  in  November,  1902  (in  counties  where 
Commissioners  are  to  be  elected)  three  Commissioners 
are  to  be  elected  whose  terms  shall  expire  on  the  first 
Monday  in  January,  1907 ;  Provided  further,  that  at  the 
general  election  to  be  held  in  November,  1900,  one  Com- 
missioner shall  be  elected  for  a  term  of  two  years,  one 
Commissioner  shall  be  elected  for  a  term  of  four  years, 
and  one  Commissioner  shall  be  elected  for  a  term  of 
six  years,  whose  term  of  office  shall  commence  on  the 
said  first  Monday  in  January,  1907;  and.  Provided  further, 
that  at  each  general  election  thereafter,  commencing  with 
the  'general  election  to  be  held  in  Novem'ber,  1908,  one 
Commissioner  shall  be  elected  for  a  term  of  six  years. 
A  vacancy  in  the  Board  of  County  Commissioners  shall 
be  filled  by  the  Judge  of  the  judicial  district  in  which  the 
vacancy  occurs.      (Adopted   November  4,   1902.) 

Sec.  5.  There  shall  be  elected  in  each  county  the 
following  officers :  One  County  Clerk,  who  shall  be  clerk 
of  the  Board  of  the  County  Commissioners  and  ex-officio 
Recorder ;  one  Sheriff ;  one  Treasurer,  who  shall  be  collector 
of  taxes ;  Provided,  That  no  person  shall  hold  the  offi'ce  of 
County  Treasurer  for  more  than  two  consecutive  terms; 
one  County  Superintendent  of  Schools ;  one  County  Sur- 
veyor; one  Assessor;  one  Coroner;  one  Public  Adminis- 
trator. Persons  elected  to  the  different  offices  named  in 
this  section  shall  hold  their  respective  offices  for  the 
term  of  two  years,  and  until  their  successors  are  elected 
and  qualified.  Vacancies  in  all  county,  township  and 
precinct  offilces,  except  that  of  County  Commissioners, 
shall  be  filled  by  appointment  by  the  Board  of  County 
Commissioners,  and  the  appointee  shall  hold  his  office 
until  the  next  general   election. 


142  ELECTION  LAWS 


Sec.  6.  The  Legislative  Assembly  may  provide  for  the 
election  or  appointment  of  such  other  county,  township, 
precinct  and  municipal  officers  as  public  convenience 
may  require,  and  their  terms  of  office  shall  be  as  pre- 
scribed by  law,  not  in  any  case  to  exceed  two  years, 
except   as    in    this    constitution   otherwise    provided. 

Code    Provisions. 

(Sections  refer  to   Revised   Codes  of   1907;   Sections   in 
brackets   refer  to   Codes  of   1895.) 
Section  2955.     General   Qualification   for   County   Office. 

2956.  -Same  for  District  and  Township  Offices. 

2957.  County    Officers    Enumerated. 

2958.  Township     Officers. 

2960.  County    and    Other    Officers— When    Elected     and 

Term    of    Office. 

2961.  Election  and   Terms  of   County   (Commissioners. 

2962.  District     Judges     and     Justices     of     the     Peace — 

Election    and    Term    of    Office. 

Sec.  2955.  (Sec.  4310.)  General  Qualifications  for 
County  Office. — No  person  is  eligible  to  a  county  office 
who  at  the  time  of  his  election  is  not  of  the  age  of 
twenty-one  years,  a  citizen  of  the  State,  and  an  elector 
of  the  county  in  which  the  duties  of  the  office  are  tb  be 
exercised  or  for  which  he   is   elected. 

Sec.  2956.  (Sec.  431 1.)  Same  for  District  and  Town- 
ship Office. — No  person  is  eligible  to  a  district  or  town- 
ship office  who  is  not  of  the  age  of  twenty-one  years, 
a  citizen  of  the  State  and  an  elector  of  the  district  or 
township  in  which  the  duties  of  the  office  are  to  be  exer- 
cised or  for  which  he   is  elected. 

Sec.  2957.  (Sec.  4312.)  County  Officers  Enumerated. — 
The  officers  of  a  county  are : 

A  Treasurer. 

A  County  Clerk. 

A  Clerk  of  the  District  Court. 

A  Sheriff. 

A  County  Auditor;  except  in  the  fourth,  fifth,  sixth, 
seventh  and  eighth  class  counties. 

A  County  Attorney. 

A  Surveyor. 

A  Coroner. 


STATE  OF  MONTANA  143 


A  Public  Administrator. 

An  Assessor. 

A  County  Superintendent  of  Common  Schools. 

A  Board  of  County  Commissioners. 

Sec.  2958.  (Sec.  4313.)  Township  Officers. — The  offi- 
cers of  townships  are:  Two  Justices  of  the  Peace,  two 
Constables,  and  such  other  inferior  and  subordinate  offi- 
cers as  are  provided  for  elsewhere  in  this  code,  or  by 
the   Board   of    County    Commissioners. 

Sec.  2960.  (Sec.  4315.)  County  and  Other  Officers, 
When  Elected  and  Term  of  Office. — All  elective  county 
and  township  officers,  except  County  Commissioners,  must 
be  elected  at  the  general  election  to  be  held  in  the  year 
eighteen  hundred  and  ninety-four,  and  at  the  general 
election  to  be  held  every  second  year  thereafter,  and 
must  take  office  on  the  first  Monday  of  January  next 
succeeding  their  election,  except  County  Treasurer,  whose 
term  begins  on  the  first  Monday  of  March  next  succeed- 
ing his  election,  and  hold  office  for  two  years. 

Sec.  2961.  (Sec.  4316.)  Election  and  Terms  of  County 
Commissioners. — The  election  and  terms  of  office  of 
County  Commissioners  are  provided  for  in  the  constitu- 
tion. _^ 

Sec.  2962.  (Sec.  4317.)  District  Judges  and  Justices 
of  the  Peace;  Election  and  Term  of  Office. — The  election 
and  terms  of  office  of  District  Judges  and  Justices  of  the 
Peace  are  provided  for  in  Title  I  of  the  Code  of  Civil 
Procedure. 


STATE  OF  MONTANA  145 


NEW     COUNTIES  —  CREATION,     ORGANIZATION, 

CLASSIFICATION,    ETC. 

(Thirteenth  Session,  Chapter  133,  P.  484.) 

Secftion     1.  Valuation  of  Property  in  Old   and  New  Counties. 

2.  Presentation   of  Petition — Procedure. 

3.  Creation  of   Proposed   New   County   . 

4.  Resolution  by  County  Commissioners. 

5.  Officers    Elect — Qualifications, 

6.  Adjustment    of    Indebtedness. 

7.  Same — Procedure. 

8.  Same — Commissioners — Compensation. 

9.  Assessment  and   Collection  of  Taxes. 

10.  Road   and   School   Funds — Distribution. 

11.  Books    and    County    Records. 

12.  Actions  Pending  in  District  Courts. 
]o.  Publication   of  Notice. 

14.  State    Senator    and    Representative    of   New    County. 

15.  Violation  of  Official  Duty — Misdemeanor. 
IZ.     Repealing   Clause. 

17.    Act    to    Take    Effect— When. 

CHAPTER    133. 
An  Act  to  Amend  Sections  i,  2,  3  and  4  and  re-enacting 

Sections  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15,  16  and  17 
of  Chapter  112,  of  the  Session  Laws  of  the  Twelfth 
Legislative  Assem'bly  of  1911,  Entitled,  "An  Act  to 
Provide  for  the  Creation,  Organization  and  Classifica- 
tion of  New  Counties,  for  Locating  the  County  Seats, 
for  the  Election  and  Appointment  of  Officers,  for  the 
Adjustment  and  Fulfillment  of  the  Rights  and  Obliga- 
tions Arising  Between  Such  New  Counties  and  Other 
Counties,  and  Providing  Penalties  for  the  Violation 
Thereof." 

Be  tt  Enacted  by  the  Legislative  Assembly  of  the  State  of  Montana: 

Sec.  I.  New  counties  may,  from  time  to  time,  be 
formed  and  created  in  this  State  from  portions  of  one  or 
more  counties  already  in  existence,  in  the  manner  set 
forth  in  this  act ;  Provided,  however,  that  no  new  counties  Sy"1n°new  a^nd^ 
shall  be  established  which  shall  reduce  any  county  to 
an  assessed  valuation  of  less  than  five  million  of  dollars ; 
nor  shall  any  new  county  be  formed  which  contains  an 
assessed  valuation  of  property  less  than  three  million 
dollars,    as    shown  by   the   last   preceding   assessment    of 


old   counties. 


146 


ELECTION  LAWS 


Boundary    lines. 


I.iability    for   in- 
debtedness. 


Presentation     of 
petition,    to    whom. 


the  county  or  counties  from  which  such  new  county  is 
to  :be  established;  nor  shall  any  line  thereof  pass  within 
eighteen  miles  of  the  county  seat  of  any  county  proposed 
to  be  divided,  and  in  every  case  where  the  county  seat 
of  the  county  sought  to  be  divided  is  situated  at  or  within 
the  boundaries  of  any  incorporated  town  or  city,  such 
county  seat  shall,  for  the  purpose  of  this  act,  be  held 
to  include  and  to  be  coterminous  with  the  territory  in- 
cluded within  the  boundaries  of  the  incorporated  town 
or  city  whereat  or  wherein  the  county  seat  of  the  county 
sought  to  be  divided  is  situated,  as  such  boundaries  are 
legally  fixed  and  determined  at  the  date  of  the  filing 
of  the  petition  or  petitions  referred  to  in  Section  2  of 
this  act,  nor  shall  any  new  county  'be  formed  which  shall 
reduce  to  less  than  eight  hundred  square  miles  of  sur- 
veyed land  the  area  of  any  existing  county  from  which 
territory  is  taken  to  form  such  new  county.  Every 
county  which  shall  be  enlarged  or  created  from  territory 
taken  from  any  other  county  or  counties  shall  be  liable 
for  a  pro  rata  proportion  of  the  existing  debts  and  lia- 
bilities of  the  county  or  counties  from  which  such  terri- 
tory shall  be  taken  and  shall  be  entitled  to  a  pro  rata 
porportion  of  the  assets  of  the  county  or  counties  from 
which  such  territory  is  taken  to  be  determined  as  herein- 
after provided : 

Sec.  2.  Whenever  it  is  desired  to  divide  any  county 
or  counties  and  form  a  new  county  out  of  a  portion  of 
the  territory  of  such  then  existing  county  or  counties, 
a  petition  shall  be  presented  to  the  Board  of  County 
Commissioners  of  the  county  from  which  said  new  county 
is  to  be  formed,  in  case  said  county  is  to  be  formed 
from  but  one  county,  or  to  the  Board  of  County  Com- 
missioners of  the  county  from  which  the  largest  area 
of  territory  is  proposed  to  ;be  taken  for  the  formation 
of  such  new  county,  in  case  said  new  county  is  to  be 
formed  from  portions  of  two  or  more  existing  counties, 
and  such  Board  of  County  Commissioners  shall  be  em- 
powered and  have  the  jurisdiction  to  do  and  perform  all 
acts  provided  for  to  be  done  or  performed  in  this  act, 
for  each  of  the  several  counties  from  which  any  proposed 
territory  is  to  be  taken,  and  shall  direct  that  a  certified 


STATE  OF  MONTANA  147 

copy  of  all  orders  and  proceedings  had  before  such  Board  officers ^o?°the*^sev- 
of  County  Commissioners  shall  be  certified  'by  the  County  ^^^^  counties. 
Clerk  to  the  Board  of  County  Commissioners  of  each  of 
the  several  counties  from  which  any  territory  is  taken 
by  the  proposed  new  county,  and  all  officers  of  any  such 
county  from  which  any  territory  is  taken  by  tlje  pro- 
posed new  county  shall  comply  with  the  orders  of  the 
Board  of  County  Commissioners  in  the  same  manner 
as  if  said  order  had  been  duly  made  by  the  Board  of 
County  Commissioners  of  each  respective  county  from 
which  territory  is  proposed  to  be  taken.  Such  petition 
shall  be  signed  by  at  least  one-half  of  the  qualified  electors 
of  the  proposed  new  county,  whose  names  appear  on 
the  official  registration  books  used  at  the  general  election 
held  therein  last  preceding  the  presentation  of  said  peti- 
tion to  the  Board  of  County  Commissioners  as  herein 
provided ;  Ptovided,  that  in  cases  where  the  proposed 
new  county  is  to  be  formed  from  portions  of  two  or  more 
existing  counties,  separate  petitions  shall  be  presented 
from  the  territory  taken  from  each  county;  and  each  of 
said  separate  petitions  shall  be  signed  by  at  least  one- 
half  of  the  qualified  electors  of  each  of  said  proposed 
portions.  Such  signatures  need  not  all  be  appended  to 
one  paper,  but  may  be  signed  to  several  petitions  which 
must  be  similar  in  form,  and  when  so  signed  the  several 
petitions  may  be  fastened  together  and  shall  be  treated 
and  presented  as  one  petition.     Such  petition  or  petitions 

shall   contain:  Contents    of 

A  particular  description  of  the  boundaries  of  the  pro- 
posed new  county  to  be  formed;  and  a  statement  that 
no  line  thereof  passes  within  eighteen  miles  of  the  county 
seat  of  any  county  proposed  to  be  divided; 

A  statement  of  the  assessed  valuation  of  such  pro- 
posed county,  as  shown  'by  the  last  preceding  assessment 
of  the  county  or  counties  from  which  such  new  county 
is  to  be  established,  provided  that  the  statement  of  as- 
sessed valuation  of  such  proposed  county  and  such  state- 
ment shall  show  the  number  of  miles  of  railroads  or 
railroad  therein,  together  with  the  total  assessed  valuation 
thereof,  as  fixed  by  the  State  board  of  equalization ; 

A    statement   of   the    area    in    square   miles    which    will 


petitions. 


148  ELECTION  LAWS 

remain  in  the  county  ot  counties  from  which  territory 
is  taken  to  form  such  new  county,  after  such  new  county 
is  formed; 

The  name  of  the  proposed  new  county; 

A  prayer  that  such  proposed  new  county  be  organized 
into  a  new   county  under  the  provisions   of  this  act. 

There  shall  be  attached  to  and  filed  with  said  petition 
or   petitions   the   affidavit   of   three   qualified   electors   and 
peTit?oS^°"  °^  tax    payers    within    each    county    sought    to    be    divided, 

to  the  effect  that  they  have  read  said  petition  and  ex- 
amined the  signatures  affixed  thereto,  and  they  believed 
that  the  statements  therein  are  true,  and  that  it  is  signed 
by  at  least  one-half  of  the  qualified  electors  of  the  pro- 
posed new  county,  or  of  the  proposed  portion  thereof 
taken  from  each  existing  county,  where  the  proposed 
new  county  is  to  be  formed  from  portions  of  two  or 
more  existing  counties ;  that  the  signatures  affixed  thereto 
are  genuine,  and  that  each  of  such  persons  so  signing 
was  a  qualified  elector  of  such  county  therein  sought 
to  be  divided,  at  the  date  of  such  signing. 

Such   petition   or   petitions,   so   verified,   and   the   verifi- 
cation  thereof   shall   be   accepted    in   all   proceedings    per- 
mitted or  provided  for  in  this  act,  as  prima  facie  evidence 
of  the  truth  of  the  matters  and  facts  therein  set  forth. 
Time    for    hearing       Upon   the   filing  of  such   petition  or  petitions   and   affi- 
petmon  to  be  davit  with  the  clerk  of  the   said   Board   of   County   Com- 

missioners, said  board  shall  forthwith  fix  a  date  to  hear 
the  proof  of  the  said  petitions  and  of  any  opponents 
thereto,  which  date  must  not  be  more  than  thirty  days 
subsequent  to  the  filing  of  such  petition  with  the  clerk 
of  said  board. 

Said  Board  of  County  Commissioners  shall  also  at  the 
same  time  designate  a  newspaper  of  general  circulation 
published  in  the  old  counties,  but  not  within  the  proposed 

Publication    of„^  -i.ji  ^  f      f 

notice.  "Cw  county,  and  also  a  newspaper  of  general  circulation 

published  within  the  boundaries  of  the  proposed  new 
county,  if  there  be  such,  in  which  the  said  board  shall 
order  and  cause  to  be  published  at  least  once  a  week 
for  two  weeks  next  preceding  the  date  fixed  for  such 
hearing,  a  notice  in  substantially  the   following  form: 


STATE  OP  MONTANA  149 

Notice. 

Notice   is   hereby  given  that  a   petition  has  been   pre- 
sented to  the  Board  of  County  Commissioners  of 

County  (naming  the  county  represented  by  the  Board 
of  County  Commissioners  with  which  said  petition  was 
filed)    praying   for   the   formation    of    a    new    county    out 

of  a  portion  of  the   said    County  and    

County  (naming  the  county  or  counties  out  of  which 
it   is   proposed   to  form   the   new  county),   and   that   said  , 

petition  will  be  heard  by  the  said  Board  of  County  Com- 
missioners at  its  place  of  meeting  (designating  the  city 
or  town  and  the  day  and  hour  of  the  meeting  so  to  be 
held),  when  and  where  all  persons  interested  may  appear 
and  oppose  the  granting  of  said  petition  and  make  any 
objection   thereto. 

^^^'^^ Form  and  contents 

By   order   of   the    Board   of    County    Commissioners   of 

County. 

By    Chairman. 

Atbest :  ,  County  Clerk. 

Said  petitioners  shall  on  or  before  the  date  fixed  for 
said  hearing,  or  on  or  before  the  date  to  which  said 
hearing  may  have  been  adjourned,  file  with  said  Board 
of  County  Commissioners  a  bond  to  be  approved  by  said  ^°"^  *°  ^  ^*''®°' 
board,  in  such  amount  as  the  said  board  shall  designate, 
but  not  exceeding  five  thousand  dollars,  payable  to  the 
county  in  which  said  petition  is  filed,  conditioned  that 
the  obligators  named  in  said  bond  will  pay  to  said  county 
all  expenses  incurred  in  the  proceedings  and  election 
provided  for  in  this  act,  not  exceeding  the  amount  speci- 
fied in  said  bond,  in  the  event  that  at  the  election  herein 
provided  for  more  than  thirty-five  per  cent  of  the  votes 

cast  at  said  election  are  "For  the  new  county  of ,. 

(naming  proposed  new  county)  No." 

At  the  time  so  fixed  for  said  hearing  the  Board  of  Hearing,  procedure. 
County  Commissioners  shall  proceed  to  hear  the  peti- 
tioners and  any  opponents  upon  the  petition  or  protests 
filed,  on  or  before  the  time  fixed  for  the  hearing,  no 
petition  or  protests  shall  be  considered  unless  the  same 
is  filed  on  or  before  the  time  fixed  for  the  hearing,  and 


150  ELECTION  LAWS 


may  adjourn  such  hearing  from  time  to  time,  not  ex- 
ceeding fourteen  days  in  all,  and  shall  receive  the  proofs 
offered  to  establish  or  controvert  the  facts  set  forth  in 
said  petition  or  petitions  and  on  the  final  hearing  of 
such  petition  or  petitions  said  board  shall  by  resolution 
entered    on    its    minutes    determine: 

First — The  boundaries  of  the  proposed  new  county,  and 
the  iboundaries  so  determined  by  said  Board  of  County 
Commissioners  shall  be  the  boundaries  of  such  proposed 
new  county  if  it  be  created  as  herein  provided. 

Second — Whether  the  said  petition  contains  the  genuine 
signatures  of  at  least  one-half  of  the  qualified  electors 
of  the  proposed  new  county,  as  herein  required,  or,  in 
cases  where  separate  petitions  are  presented  from  por- 
tions of  two  or  more  existing  counties,  as  herein  required, 
whether  each  petition  is  signed  by  at  least  one-half  of 
the  qualified  electors  of  that  portion  of  each  of  such  ex- 
isting counties,  which  it  is  proposed  to  take  into  the 
proposed  new  county. 

Third — Whether  any  line  of  the  proposed  new  county 
passes  within  eighteen  miles  of  the  county  seat  of  any 
county  proposed  to  be  divided. 

Fourth — Whether  the  proposed  new  county  will  contain 
property  according  to  the  last  preceding  assessment  which 
will  equal  in  amount  at  least  three  million  dollars,  and 
the  assessed  valuation  of  all  railroad  or  railroads  within 
the  proposed  county  shall  be  added  to  the  assessment  of 
property  contained  in  said  proposed  county,  in  estimating 
and  determining'  the  amount  of  the  assessed  valuation 
of  property  thereof. 

Fifth — Whether  the  area  of  any  existing  county  from 
which  territory  is  taken  to  form  such  new  county  will 
be  reduced  to  less  than  eight  hundred  square  miles  of 
surveyed  land  by  taking  the  territory  proposed  to  'be 
taken  therefrom  to  form  such  new  county. 

Sixth — ^The  class  to  which  said  proposed  new  county 
after  its  creation  shall  .belong,  and  the  name  of  said  pro- 
posed new  county  as  stated  in  such  petition. 

On   the   final   'hearing   said   Board   of   County    Commis- 


STATE    OP   MONTANA  151 

sioners  must,  upon  petition  of  not  less  than  fifty  per  cent  ^Ly^ching?^  pro- 
of the  qualified  electors  of  any  territory  lying  within  P^^ed  boundaries, 
said  proposed  new  county  and  contiguous  to  the  boundary 
line  of  the  said  proposed  new  county  and  of  the  old 
county  from  which  such  territory  is  proposed  to  be  taken, 
and  lying  entirely  within  a  single  old  county,  and  described 
in  said  petition,  asking  that  said  territory  be  not  included 
within  the  proposed  new  county,  make  such  changes  in 
the  proposed  boundaries  as  will  exclude  such  territory 
from  such  new  county,  and  shall  establish  and  define 
such  boundaries;  Provided,  that  if  any  change  or  changes 
so  made  shall  result  in  reducing  the  valuation  of  the 
proposed  new  county  to  less  than  an  assessed  valuation 
of  three  million  dollars,  then  such  new  county  shall  not 
be  created  or  organized;  and.  Provided  further,  that  no  New  county  shall 
change  shall  be  made  which  shall  leave  the  territory  so  when.^  ^^^^  ^  ' 
excluded  separate  and  apart  from  and  without  the  county 
of  which  it  was  formerly  a  part;  petitions  for  exclusion 
shall  be  disposed  of  in  the  order  in  point  of  time  in 
which  they  are  filed  with  the  clerk  of  the  Board  of 
County  Commissioners,  and  on  final  determination  of 
boundaries  no  changes  in  the  boundaries  originally  pro- 
posed shall  be  made  except  as  prayed  for  in  said  petition 
or  petitions  or  to  correct  clerical  errors  or  uncertainties. 

Sec.  3.  If  the  said  Board  of  County  Commissioners 
determines  that  the  formation  of  said  proposed  new 
county  will  not  reduce  any  county  from  which  any  terri- 
tory is  taken  to  an  assessed  valuation  of  less  than  five 
million  dollars,  nor  the  area  thereof  to  less  than  eight 
hundred  (800)  square  miles  of  surveyed  land,  and  that 
the  proposed  new  county  contains  property  of  an  assessed 
valuation  of  at  least  three  million  dollars,  and  that  no  posed^°new' comTty, 
line  of  said  proposed  new  county  passes  within  eighteen  p^°®^"^®- 
miles  of  the  county  seat  of  any  county  proposed  to  be 
divided,  and  that  said  petition  contains  the  genuine  sig- 
natures of  at  least  one-half  of  the  qualified  electors  of 
the  proposed  new  county  or  in  cases  where  separate 
petitions  are  presented  from  portions  of  two  or  more 
existing  counties,  as  herein  required,  that  each  of  said 
petitions  contain  the  genuine  signatures  of  at  least  one- 
half  of  the  qualified  electors  of  that  portion  of  the  pro- 


152  ELECTION    LAWS 

posed  new  county  from  which  it  is  taken,  then  said  Board 
of  County  Commissioners  shall  divide  the  proposed  new 
county  into  a  convenient  number  of  townships,  road  and 
school  districts,  and  define  their  boundaries  and  designate 
the  names  of  such  districts,  and  each  of  them ;  they  shall 
also,  if  necessary  for  the  purpose  of  the  election  herein- 
after provided  for,  change  the  boundaries  of  the  election 
precincts  in  said  old  county  or  counties  to  make  the  same 
conform  to  the  boundaries  of  the  proposed  new  county; 
Provided,  that  the  boundary  lines  of  no  such  precinct 
shall  extend  beyond  the  boundary  lines  of  the  existing 
county  in  which  it  is  located  and  from  which  the  terri- 
tory is  proposed  to  be  taken ;  and  said  board  shall  appoint 
the  election  officers  to  act  at  said  election  and  to  be  paid 
mation^f  ei^ctionT  by  Said  board.  Within  two  weeks  after  its  determination 
of  the  truth  of  the  allegations  of  said  petition  as  afore- 
said, the  said  Board  oi  County  Commissioners  shall  order, 
and  give  proclamation  and  notice  of,  an  election  to  be 
held  on  a  specified  day  in  the  territory  which  is  proposed 
to  be  taken  for  the  new  county,  not  less  than  ninety  nor 
more  than  one  hundred  and  twenty  days  thereafter,  for 
the  purpose  of  determining  whether  such  territory  shall 
be  established  and  organized  into  a  new  county,  and  for 
the  election  of  officers  and  locating  of  a  county  seat 
therefor  in  case  the  vote  at  such  election  shall  be  in 
favor  of  the  establishment  and  organization  of  such  new 
county. 

All  qualified  electors  resident  within  the  proposed  new 
county  who  are  qualified  electors  of  the  county  or  counties 
from  which  territory  is  taken  to  form  such  proposed  new 
county,  and  who  have  resided  within  the  limits  of  the 
proposed  county  for  a  period  of  more  than  six  months 
next  preceding  the  day  of  election,  and  who  were  on 
the  official  registration  list  at  the  last  general  election, 
5lStors?^^°'^  ^^  ^^  who  are  entitled  to  be  registered  for  said  special  elec- 
tion under  the  provisions  of  this  act,  shall  be  entitled  to 
vote  at  said  election.  Registration  and  transfers  of  regis- 
tration shall  be  made  and  shall  close  in  the  manner  and 
at  a  time  provided  by  law  for  registration  and  transfers 
of  registration  for  a  general  election  in  the  State  of 
Montana. 


STATE  OF   MONTANA  153 

Such 'proclamation  and  notice  of  election  shall  be  pu'b-  "^"o^^am'tT  °'f 
lished  at  least  once  a  week  for  three  weeks  before  hold-  election, 
ing  of  such  election,  in  some  newspaper  of  general  cir- 
culation published  in  the  territory  which  is  proposed  to 
be  taken  for  the  new  county,  and  a  copy  thereof  shall 
be  mailed  immediately  by  the  County  Clerk  of  the  county 
in  which  the  petition  is  filed  to  the  County  Clerk  of  each 
county  from  which  territory  is  taken  for  the  pro- 
posed new  county.  Such  proclamation  and  notice  shall 
require  the  voters  to  cast  ballots  which  shall  contain  the  ballots,  manner  of 

words,    "For   the    new    County    of    (giving    the  voting. 

name  of  proposed  new  county),  Yes,"  and,  "For  the  new 

County  of    (giving  the   name   of  proposed   new 

county).  No,"  and  each  voter  desiring  to  vote  for  the 
establishment  and  organization  of  said  new  county  shall 
mark    a    cross    (X)    opposite    the    words,    "For    the    new 

County  of    ,   Yes,"   in   the   manner  now   required 

by  law  in  other  elections,  and  each  voter  desiring  to  vote 
against  the  establishment  and  organizatioTi  of  said  new 
county  shall  mark  a  cross   (X)   opposite  the  words,  "For 

the   new   County   of    ,   No,"   in   the   manner   now 

required  by  law  in  other  elections;  and  shall  also  contain 
the  names  of  persons  to  be  voted  for  to  fill  the  various 
elective  offices  designated  in  said  proclamation  for  coun- 
ties of  the  class  to  which  said  proposed  new  county  will  choice  for  county 
belong,  as  determined  by  the  Board  of  County  Com-  ^®^^* 
missioners  as  herein  directed  and  in  the  manner  provided 
by  law,  except  as  herein  otherwise  provided.  There  shall 
also  be  printed  upon  said  ballots  the  words,  "For  the 
county  seat,"  and  the  names  of  all  cities  or  towns  which 
may  have  filed  with  the  County  Clerk  a  petition  signed 
by  at  least  twenty-five  qualified  electors,  nominating  any 
city  or  town  within  the  proposed  new  county  for  the 
county  seat,  and  the  voter  shall  designate  his  choice  for 
county  seat  by  marking  a  cross  (X)  opposite  the  name 
of  the  city  or  town  for  which  he  desires  to  cast  his  ballot 
at  a  special  election  to  be  'held,  as  provided  in  this  act, 
the  question  of  the  election  of  the  county  seat  is  hereby 
provided  to  be  submitted  to  the  qualified  electors  of  the 
proposed  new  county,  and  the  majority  of  all  the  votes 
cast    therefor    shall    determine    the    election    thereon.      In 


154 


ELECTION  LAWS 


Duty   of  County 
Clerk. 


Duty   of   county 
officers. 


case  any  city  or  town  fails  to  receive  a  majority  of  all 
the  votes  cast,  then  the  city  or  town  receiving  the  'highest 
number  of  ail  votes  cast,  shall  be  designated  as  the  tem- 
porary county  seat,  and  in  case  any  city  or  town  is  not 
the  choice  of  the  election  for  the  county  seat  by  a  ma- 
jority of  all  votes  cast,  the  question  of  choice  between 
the  two  places  for  which  the  'highest  number  of  votes 
shall  have  been  cast,  shall  he  submitted  in  like  manner 
to  the  qualified  electors  at  the  next  general  election  there- 
after. When  the  county  seat  shall  have  been  selected 
as  herein  provided,  it  shall  not  thereafter  ;be   changed. 

The  proclamation  calling  the  election  and  the  notice 
thereof  provided  for  in  this  act  shall  ibe  made  and  given 
exclusively  by  the  Board  of  County  Commissioners  with 
which  is  filed  the  said  petition  for  the  formation  and 
establishment  of  such  new  county,  and  such  board  shall 
cause  the  Clerk  of  said  county  to  furnish  to  the  officers 
of  each  precinct  in  such  proposed  new  county  all  ballots, 
poll  lists,  tally  lists,  registers  for  voters'  signatures,  ballot 
boxes  and  other  election  supplies  and  equipment  neces- 
sary to  conduct  such  election  and  which  are  not  herein- 
after specifically  directed  to  be  furnished  ;by  the  Clerk 
of  another  county   or  counties. 

Such  election  shall  he  governed  and  controlled  by  the 
general  election  laws  of  the  State  so  far  as  the  same  shall 
be  applicable,  except  as  herein  otherwise  provided.  The 
returns  of  all  elections  for  officers  and  for  location  of  the 
county  seat,  as  provided  for  in  this  act,  shall  be  made 
to  and  canvassed  by  the  Board  of  County  Commissioners 
of  the  county  from  which  the  largest  area  is  taken  by  the 
proposed  county.  The  County  Clerk  of  each  county  from 
which  territory  is  taken  for  the  proposed  new  county 
shall,  not  less  than  five  days  toefore  the  date  of  such 
election,  furnish  to  each  board  of  election  within  said 
proposed  new  county,  the  book  of  affidavits  of  registra- 
tion for  the  precincts  of  such  proposed  new  county  as 
are  within  their  respective  counties,  and  the  copies  of 
indexes  thereof  required  by  law,  containing  the  names 
of  all  persons  who  were  qualified  electors  at  the  last 
general  election  before  the  date  of  such  election.  All 
returns  of  election  herein  provided  for  shall  he  made  to 


STATE  OF  MONTANA  155 

the  Board  of  County  Commissioners  calling  such  election. 

All  nomination  of  candidates  for  the  offiices  required 
to  'be  filled  at  said  election  shall  be  made  in  the  manner 
provided  by  law  for  the  nomination  of  candidates  for  all 
general   State   elections. 

The  provision  of  the  election  laws  relating  to  prepara-  Election  laws 

.      .  ,      ,•        .1        •  r  1       1     11    ^  J    a.1        applicable. 

tion,  printing  and  distribution  of  sample  ballots  and  the 
provisions  of  said  laws   relating  to  primary   elections   in 
this  State  shall  have  application  to  any  election  provided    . 
for  in   this   act. 

Sec.  4.  If  upon  the  canvass  of  the  votes  cast  at  such 
election  it  appears  that  fifty-one  per  cent  of  the  votes 
cast  where  the  proposed  new  county  is  formed  from  one 
existing  county,  or  that  fifty-one  per  cent  of  the  votes 
cast  in  the  territory  taken  from  each  county,  where  the 
proposed  new  county  is  formed  from  two  or  more  existing 

counties  are,  "For  the  new  County  of   (naming 

it).  Yes,"  the  Board  of  County  Commissioners  shall  by 
a  resolution  entered  upon  its  minutes  declare  such  terri- 
tory duly  formed  and  created  as  a  county  of  this  State, 
of  the   class  to  which   the  'same  shall  belong,  under   the  Resolution  by 

name  of County  (naming  it),  and  that  the  place  l^^^^^^  commis- 

(naming  it)  receiving  the  highest  number  of  votes  cast 
at  said  election  for  county  seat  shall  be  the  county  seat 
of  said  county  until  removed  in  the  manner  provided 
by  law,  and  designating  and  declaring  the  persons  re- 
ceiving respectively  the  highest  number  of  votes  for  the 
several  offices  to  be  filled  at  'said  election,  to  "be  duly 
elected  to  such  offices.  Said  board  shall  forthwith  cause 
a  copy  of  its  said  resolution,  duly  certified,  to  *be  filed 
in  the  office  of  the  Secretary  of  State,  and  from  and  after 
the  date  of  such  filling  said  new  county  shall  be  deemed 
to  be  fully  created,  and  the  organization  thereof  shall  be 
deemed  completed  and  such  officers  shall  be  entitled  to 
enter  immediately  upon  the  duties  of  their  respective 
offices  upon  qualifying  in  accordance  with  law  and  giving 
bonds  for  the  faithful  performance  of  their  duties,  as  re- 
quired by  the  laws  of  the  State.  The  clerk  of  the  Board 
of  County  Commissioners  with  whidh  said  petition  was 
filed,  as  herein  provided,  must  immediately  make  out  and 
deliver  to  each  of  said  persons  so  declared  and  designated 


X56  ELECTION  LAWS 

to  be  elected,  a  certificate  of  election  authenticated  by 
his  signature  and  the  seal  of  said  Board  of  County  Com- 
missioners. All  the  officers  elected  at  said  election,  or 
appointed  under  this  act,  shall  hold  their  offices  until  the 
Certificates  of  ^jme  provided  by  general  law  for  the  election  and  quali- 

fication of  such  officers  in  this  State  and  until  their  suc- 
cessors are  elected  and  qualified,  and  for  the  purpose  of 
Terms  of  office.  determining  the  term  of  office  of  such  officers,  the  years 
said  officers  are  to  hold  office  are  to  be  computed  re- 
spectively from  and  including  the  first  Monday  after  the 
first  day  of  January  following  the  last  preceding  general 
election. 

If,   however,   upon   such   canvass   it   appears   that   more 
than  forty-nine  per  cent  of  the  votes  cast  at  said  election 
where  the  proposed  new  county  is  formed  from  one  ex- 
Defeat  of  proposi-  isting  county,   or  that  more   than   forty-nine   per  cent   of 
tion,  effect  ^j^g  votcs  in  the  territory  taken  from  any  county,  where 

the   proposed  new   county  is   formed   from   two   or   more 

existing  counties,  are  "For  the  new  County  of    

(naming  it).  No,"  the  Board  of  County  Commissioners 
canvassing  said  vote  as  provided  herein  shall  pass  a  reso- 
lution in  accordance  therewith  and  thereupon  the  pro- 
ceedings relating  to  the  division  of  such  county  or  counties 
shall  cease  and  determine,  and  no  other  proceedings  in 
relation  to  the  division  of  said  county  or  counties  shall 
be  instituted  for  at  least  two  years  after  such  determina- 
tion. 

Sec.  5.  At  the  election  provided  for  in  Section  3  of 
this  act  there  shall  be  chosen  such  county,  township  and 
district  officers  as  are  now  or  may  hereafter  by  general 
law  be  provided  for  in  counties  of  the  class  to  which 
the  said  new  county  is  determined  to  belong,  as  herein 
provided. 

Provided  also,  that  all  duly  elected,  qualified  and  acting 
Justices  of  the  Peace  and  Constables  residing  within  the 

Officers    elect,  ,  ,  .  ,         ,.    .°.  ,  , 

qualification,  etc.  proposed  new  county  at  the  time  of  the  division  of  such 
county  into  townships  as  hereinbefore  in  Section  3  hereof 
provided,  shall  hold  office  as  such  Justices  of  the  Peace 
or  Constables  in  said  county  for  the  remainder  of  the 
term  for  which  they  were  elected  on  qualifying  as  Justices 
of  the  Peace  or  Constables  for  the  respective  townships 


STATE   OF  MONTANA  157 

in  which  they  reside,  when  said  townships  are  organized 
as  provided  in  this  act;  Also  Provided,  that  all  duly- 
elected,  qualified  and  acting  school  trustees  residing  within 
the  proposed  new  county  at  the  time  of  the  division  of 
such  county  into  school  districts,  as  hereinbefore  in  Sec- 
tion 3  hereof  provided,  shall  hold  office  as  School  Trus- 
tees in  said  new  county  for  the  remainder  of  the  term 
for  which  they  were  elected  on  qualifying  as  School 
Trustees  for  the  respective  districts  in  which  they  reside 
as  said  districts  are  organized,  as  provided  by  this  act. 
Each  person  elected  or  appointed  to  fill  an  office  of  such 
new  county  under  the  provisions  of  this  act  shall  qualify 
in  the  manner  provided  by  law  for  such  offiicers,  except 
as  herein  otherwise  provided,  and  shall  enter  upon  the 
discharge  of  the  duties  of  'his  office  within  twenty  days 
after  the  receipt  of  the  certificate  of  his  election.  Each 
of  such  officers  may  take  the  oath  of  office  before  any 
officers  authorized  by  the  law  of  the  State  of  Montana 
to  administer  oaths,  and  the  ibond  of  any  officer  from 
whom  a  bond  is  required  shall  be  approved  by  any  Judge 
of  the  District  Court  of  the  district  to  which  such  new 
county  is  attached  for  judicial  purposes.  The  officers 
elected  or  appointed  under  the  provision  of  this  act  shadl 
each  perform  the  duties  and  receive  the  compensation 
now  provided  by  general  law  for  the  office  to  which  he 
has  been  appointed  or  elected  in  counties  of  the  class  to 
which  such  new  county  shall  have  been  determined  to 
belong,  as  herein  provided  under  the  general  classification 
of  counties  in  this  State.  Said  new  county  when  created  pan  of  "what  ° 
and  organized  in  pursuance  of  the  provisions  of  this  act  ^''^'''^^^  district, 
shall  'be  attached  to  such  judicial  district  as  may  be  desig- 
nated by  the  Governor  of  the  State  of  Montana  in  a 
proclamation  to  be  issued  iby  him  designating  such  new 
county  as  attached  to  the  particular  judicial  district  for 
judicial  purposes. 

Sec.  6.  It  shall  be  the  duty  of  the  persons  elected  to 
or  continuing  to  hold  the  office  of  County  Commissioners 
of  said  new  county  to  meet  at  the  county  seat  thereof 
within  five  days  after  all  of  them  shall  have  qualified, 
and  upon  organization  of  said  Board  of  County  Commis-  ^oard  of  county 
sioners,  it  shall  notify  the  Governor  of  the  State  of  the   duuS!""^'"''^'""' 


158  ELECTION  LAWS 

organization  of  said  county,  and  thereupon  it  shall  be 
the  duty  of  the  Governor  to  appoint  three  persons,  one 
of  whom  shall  be  resident  and  taxpayer  within  the  new 
county  and  no  two  of  whom  shall  be  from  any  one  county; 
the  three  persons  so  appointed  shall  form  and  be  a  Board 
of  Commissioners.  Such  Commissioners  shall  within  ten 
days  after  the  notice  of  the  appointment  meet  at  the 
county  seat  of  the  new  county  and  organize  by  electing 
indiMedness.^'  from  their  number  a  chairman,  and  also  elect  a  secretary, 

who  must  not  'be  a  member  of  said  commission.  There- 
after such  commission  may  meet  at  such  place  or  places 
as  it  may  select.  A  majority  of  said  Commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business.  Said 
commission  shall  have  power  to  compel  'by  citation  or 
subpoena,  signed  by  their  president  and  secretary,  the 
attendance  of  such  persons  and  the  production  of  'such 
books  and  papers  before  said  commission  as  may  be 
required  in  the  performance  of  the  duties  imposed  by  this 
act,  except  that  the  official  records  of  any  county  or 
counties  from  which  said  new  county  was  formed  shall 
in  no  case  be  taken  from  the  county  seat  of  said  county. 
It  shall!  be  the  duty  of  the  Sheriff  of  any  county  to  ex- 
ecute in  his  county  all  lawful  orders  and  citations  of  the 
said  commission;  and  for  any  services  so  performed,  the 
Sheriff  shall  be  allowed  the  same  fees  as  are  allowed  to 
him  for  services  in  civil  actions,  and  all  witnesses  attend- 
ing before  said  commission  shall  be  entitled  to  the  same 
compensation  and  mileage  as  is  allowed  to  witnesses  in 
civil  actions  in  courts  of  record;  Provided,  that  no  witness 
shall  be  excused  from  attendance  at  the  time  and  place 
mentioned  in  said  order  or  citation  by  reason  of  the 
failure  of  the  officer  making  such  service  to  tender  to 
such  witness  his  fees   and  mileage  in   advance. 

Sec.  7.     Said  Board  of  Commissioners  shall  immediately 
after  its  organization   ascertain   the   costs  of  the   election 
held  hereunder  and  apportion  the  same  pro  rata  between 
deM^SS*  pJoJ"""  ^^^^  °^  ^^^  counties  from   which  territory  was  taken  to 
^^<^"^e-      '  form   such  new   county,   and   said   new   county,   and   shall 

also  ascertain  the  indebtedness  of  each  county  from  which 
territory  was  taken  to  form  the  new  county,  as  the  same 
existed  at  the  time  when  the   result  of  the   election   was 


STATE    OF   MONTANA  159 


declared  by  the  Board  of  County  Commissioners  as  here- 
inbefore provided,  and  also  the  total  value  of  all  property 
at  the  time  belonging  to  each  of  said  counties  from  which 
territory  was  taken,  and  situate  within  the  limits  of  said 
old  counties  respectively.  It  shall  also  ascertain  the 
assessed  value  of  all  property  in  each  of  the  original  old 
counties  from  which  territory  was  so  taken,  according 
to  the  last  completed  assessment  made  for  said  county, 
and  also  the  assessed  value,  under  the  same  assessment, 
of  all  property  within  the  territory  of  the  new  county 
which  shall  have  been  taken  from  the  old  county  or 
counties  from  which  said  new  county  was  formed.  They 
shall  then  find  the  diflference  between  the  amount  of  the 
indebtedness  of  the  old  county  and  the  value  of  the  prop- 
erty belonging  to  the  old  county  at  the  date  of  the  dec- 
laration of  the  result  of  said  election,  as  hereinbefore 
provided,  and  if  such  indebtedness  exceeds  the  value  of 
such  property  belonging  to  the  old  county,  the  new  county 
shall  pay  to  the  old  county  a  due  proportion  thereof  to 
be  determined  as  follows :  As  said  assessed  value  of  the 
property  in  the  old  county  is  to  the  said  assessed  vialue 
of  the  property  in  the  territory  provided  by  this  act  to 
be  incorporated  within  the  new  county  from  said  old 
county,  so  is  the  amount  of  said  excess  to  the  amount 
to  be  paid  by  said  new  county  to  said  old  county.  Said 
Board  of  Commissioners  shall  certify  forthwith  to  the 
Board  of  County  Commissioners  of  the  new  county  and 
the  old  counties  thereby  affected,  the  amount  constituting 
the  due  proportion  of  said  excess  payable  by  such  new 
county  or  each  of  them;  also  the  value  of  any  property 
belonging  to  each  old  county  at  the  time  when  said  di- 
vision took  effect,  as  hereinbefore  provided,  which  is 
situated  in  the  new  county!  The  sum  of  said  ascertained 
value  of  said  last  mentioned  property,  added  to  the  ascer- 
tained proportion  of  said  excess  which  the  new  county 
is  to  pay  to  the  old  county,  and  its  proportion  of  the 
expense  of  said  election  as  aforesaid,  shall  be  an  indebted- 
ness from  the  new  county  to  the  old  county,  and  the 
said  property,  situated  as  aforesaid  in  the  new  county, 
shall  upon  settlement  therefor,  as  provided  in  this  act, 
become  the  property  of  the  new  county,  and  the  old 
county  shall  pay  the   entire   indebtedness   against   it,   and 


160 


ELECTION  LAWS 


Indebtedness,    how 
paid. 


Compensation     of 
board    of    commis- 
sioners  adjusting 
indebtedness. 


the  expense  of  said  election  shall  be  paid  by  the  coanty 
calling  such  election,  and  any  other  county  affected 
thereby  shall  pay  its  proportion  thereof  as  'hereinbefore 
provided. 

The  proceedings  in  this  section  required  to  be  taken 
in  the  ascertainment  and  adjustment  of  property  rights 
and  debts  shall  be  had  and  taken  as  between  said  new 
county  and  each  of  the  counties  from  which  territory 
is  taken  to  form  said  new  county  in  the  manner  and  at 
the  ratio  in  said  section  provided.  If  upon  the  settlement 
between  the  old  and  new  county  as  herein  provided  for, 
the  new  county  shall  be  found  to  be  indebted  to  the  old 
county  or  either  of  the  old  counties,  the  money  necessary 
to  pay  said  indebtedness  shall  be  raised  by  a  tax  levied 
upon  the  property  contained  in  said  new  county,  and  said 
new  county  shall  pay  the  same;  Provided,  'however,  that 
such  payment  by  said  new  county  may  be  made  in  not 
more  than  three  equal  annual  payments,  or  hy  funds 
to  be  derived  from  the  sale  of  bonds  of  said  new  county, 
as  may  be  determined  by  a  resolution  of  the  Board  of 
County  Commissioners  of  said  new  county  adopted  within 
one  year  after  the  receipt  of  the  statement  from  the 
Board  of  Commissioners  as  aforesaid  of  the  amount  or 
amounts  due  from  it. 

Sec.  8.  Members  of  the  Board  of  Commissioners  pro- 
vided for  under  this  act  shall  receive  a  compensation  of 
not  to  exceed  $8.00  per  day  for  every  day  they  are  actu- 
ally employed  under  the  provisions  of  this  act,  together 
with  their  actual  expenses  incurred  in  the  performance 
of  their  duties,  and  the  clerk  of  said  board  shall  receive 
as  compensation  for  his  services  not  to  exceed  $5.00  per 
day  for  every  day  that  he  is  actually  employed  under  the 
provisions  of  this  act,  all  of  which  expenses,  together  with 
the  reasonable  expenses  of  stationery,  postage  and  in- 
cidental expenses  shall  be  borne  in  equal  proportions  by 
the  counties  affected  by  such  division,  including  said 
new  county,  and  the  amounts  payable  by  each  county 
shall  be  paid  by  the  Treasurers  of  the  respective  counties, 
after  the  same  shall  have  been  presented  to  and  allowed 
by  the  Board  of  County  Commissioners  as  is  provided 
by  law  for  claims  against  any  county. 


STATE   OF  MONTANA  •  161 

Sec.  9.  After  the  creation  of  a  new  county,  as  herein 
provided,  its  officers  shall  proceed  to  complete  all  pro- 
ceedings necessary  for  the  assessment  or  collection  of 
the  State  and  county  taxes  for  the  then  current  year,  and 
all  acts  and  steps  theretofore  taken  by  the  officers  of  the  ^o1?IJti?n''of^t'axes. 
old  county  or  counties  prior  to  the  creation  of  the  new 
county  shall  be  deemed  and  taken  as  having  been  per- 
formed by  the  officers  of  the  new  county  for  the  benefit 
of  the  new  county ;  and  upon  the  creation  of  the  new 
county  it  shall  be  the  duty  of  the  officers  of  the  old 
county  or  counties  to  immediately  execute  and  deliver 
to  the  Board  of  County  Commissioners  of  such  new 
county  copies  of  all  assessments  or  other  proceedings 
relative  to  the  assessment  and  collection  of  the  current 
State  and  county  taxes  of  property  in  such  new  county. 
Such  copies  shall  be  filed  with  the  respective  officers 
of  the  new  county  who  would  have  the  custody  of  the 
same  if  the  proceeding  had  been  originally  had  in  the 
new  county,  and  such  certified  copies  shall  be  taken  and 
deemed  as  originals,  and  original  proceedings  in  the  new 
county,  and  all  proceedings  therein  recited  shall  be  taken 
and  deemed  as  original  proceedings  in  the  new  county, 
and  shall  have  the  same  effect  as  if  the  proceedings 
therein  stated  had  been  had  at  the  proper  time  and  in 
the  proper  manner  by  the  respective  officials  of  the  new 
county,  and  the  officials  of  the  new  county  are  hereby 
authorized  and  directed  to  proceed  thenceforth  with  the 
assessment  and  collection  of  said  taxes  as  if  the  proceed- 
ings originally  had  in  the  old  county  or  counties  had  been 
originally  had  in  the  new  county. 

Sec.  10.  The  Superintendent  of  Public  Schools  of  the 
old  county,  or  each  of  the  old  counties  respectively,  shall  county  Superin- 
furnish  the  Superintendent  of  the  Public  Schools  of  the  'dtTtfei;^  °^  ^''^°°^'' 
new  county  with  a  certified  copy  of  the  last  school  census 
of  the  different  school  districts  in  the  territory  set  apart 
to  form  the  new  county,  and  shall  certify  to  the  Board 
of  County  Comimissioners  the  amount  due,  and  said 
board  shall  order  a  warrant  drawn  on  the  Treasurer  of 
his  county  in  favor  of  the  Treasurer  of  the  new  county 
for  all  the  money  that  is  or  may  be  due  by  any  appor- 
tionment   or    otherwise    to    the    different    school    districts 


162 


ELECTION  LAWS 


Road   and   school 
funds,    distribution. 


Books  and  county- 
records. 


Status  of  actions 
pending   in   district 
court. 


em'braced  in  the  new  county  from  his  county,  and  the 
County  Treasurer  shall  certify  to  the  County  Commis- 
sioners the  amount  due  in  the  different  road  funds,  and 
the  County  Commissioners  shall  order  a  warrant  drawn 
on  the  Treasurer  of  his  county  in  favor  of  the  Treasurer 
of  the  new  county  for  all  money  that  is  or  may  be  due 
by  apportionment  or  otherwise  to  the  different  road  and 
district  funds  in  the  territory  set  apart  to  form  the  new 
county  from  his  county,  which  said  amounts  shall  be 
properly  credited  in  both  counties.  And  whenever  in 
the  formation  of  a  new  county  a  road  or  school  district 
has  been  divided  the  Board  of  County  Commissioners 
shall  by  resolution  direct  the  Treasurer  to  transfer  the 
proper  proportionate  amount  of  the  money  remaining  in 
the  fund  of  such  district  to  the  Treasurer  of  the  new 
.  county. 

Sec.  II.  The  Board  of  County  Commissioners  of  any 
new  county  formed  as  aforesaid  must  provide  suitable 
books  and  have  transcribed  from  the  records  of  thQ  old 
county  or  counties^  all  such  parts  thereof  as  relate  to  or 
affect  property  or  the  title  thereof  situate  in  the  new 
county,  and  said  records  when  so  transcribed  and  certified 
as  herein  provided  shall  have  the  same  force  and  effect 
as  such  original  records;  the  said  County  Commissioners 
shall  have  full  power  and  authority  to  contract  for  tran- 
scribing of  records  as  now  provided  by  law. 

Sec.  12.  All  actions  pending  in  the  District  Court  of 
the  old  county  or  counties  for  the  recovery  of  the  pos- 
session of,  quieting  the  title  to  or  for  the  enforcement 
of  liens  upon,  or  any  other  actions  affecting  real  estate 
lying  in  the  new  county  shall  on  motion  of  any  party 
thereto  be  transferred  to  the  District  Court  to  which 
the  new  county  may  be  attached  fo'r  judicial  purposes, 
and  thereafter  shall  be  subject  to  the  same  laws  as  if 
said  action  had  been  originally  brought  in  the  District 
Court  of  the  new  county.  All  other  actions  or  special 
proceedings  pending  in  the  District  Court  or  Courts  of 
said  old  county  or  counties,  if  said  new  county  had  been 
in  existence  at  the  date  in  which  it  is  pending  and  on 
motion  of  any  party  interested  therein  be  transferred  to 
the  District  Court  of  such  new  county. 


STATE   OF  MONTANA  163 

Sec.  13.  Whenever  in  this  9.ct  publication  of  any  notice  no5ce^**°^  °^ 
is  provided  for  and  no  newspaper  of  general  circulation 
is  published  v^ithin  the  territory  in  which  said  notice 
is  required  to  be  published,  notice  shall  be  gven  by  post- 
ing copies  of  such  notice  in  at  least  ten  public  places  in 
such  territory  for  the  same  length  of  time  said  notice 
was  required  to  be  published. 

state    senator    and 

Sec.    14.     The   territory   within   the   limits   of  any   new  representative  of 

.  .  new    county. 

county  until  otherwise  provided  by  law  shall  be  entitled 
to  representation  in  the  State  Senate  by  one  State  Senator 
and  to  representation  in  the  House  of  Representatives 
by   one   member  of   the   House   of   Representatives. 

Sec.  15.  Any  member  of  any  Board  of  County  Com-  violation  of  duty 
missioners  or  any  other  officer  who  unlawfully  and  know-  nfisdemSanor. 
ingly  violates  any  of  the  provisions  of  this  act,  or  fails 
to  perform  any  duty  imposed  upon  him  hereunder,  shall 
be  guilty  of  a  misdemeanor  and  of  malfeasance  in  office 
and  be  deprived  of  his  office  by  a  decree  of  a  court  of 
competent  jurisdiction   after  trial   and  conviction. 

Sec.  16.     All  acts  and  parts  of  acts  in  conflict  herewith 
are  hereby  repealed. 

Sec.  17.     This  act  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval. 
(Approved   March  21,   1913.) 


STATE   OF   MONTANA  165 


LOCATION    OF   TEMPORARY    AND    PERMANENT 
COUNTY    SEATS    IN    NEW    COUNTIES    OR 
IN   COUNTIES   IN   WHICH   PERMA- 
NENT COUNTY  SEATS  NOT 
ESTABLISHED. 
Section     1.     Duly    of    County    Commissioners    in    New    Counties 
Created    by   the    Legislature — County    Clerk    to 
Meet  With.  Commissionters. 

2.  Commissioners    to    Designate     by      Resolution — Tem- 

porary County  Seat — To  Remain  Coumty  Seat 
Until  Permanent  Seat  is  Established  by  Elec- 
tion— When   Election   to   be   Held,   etc. 

3.  Procee'dings    Upon    Filing    Petition   for    County    Seat 

Election. 

4.  County    Commissioners    to    Divide    County    Into    Re- 

gistration Districts  and  Polling  Precincts — 
Duty  of   County   Clerk. 

5.  Time  for  Holding  Registration — Qualification  of  Elec- 

tors. 
C.     Appointment   of   Judges    of    Election. 

7.  General    Laws   of  the    State    Governing   Judges  Con- 

duct of  Election  Returns  and  Other  Matters 
Shall  Control. 

8.  Prescribing  Form  of  Ballot — When  Judges  May  Write 

Ballot. 

9.  Name    Inserted    in    Blank    Space    Shall    be    Deemed 

a  Vote  for  the  Place — Place  Selected  by  Re- 
turns   as    Permanent    County    Seat. 

10.  In    Event    no    Town    or    Place    Receives    a    Majority 

of  all  Votes  Cast — Towns  to  be  Voted  for  at 
Next   General   Election — Form   of   Ballot. 

11.  What   Laws    Shall    be   Applicable    May   Govern    New 

County  and  its  Officers.  « 

12.  Selection    of    Permanent    County    Seats    in    Counties 

Heretofore  Created  and  in  Which  Such  County 
Seat    Has    Not    Been    Fixed. 

13.  Act  Shall  Take  Effect. 

Sec.  I.  Whenever  a  county  is  created  hereafter  in  this 
State  by  legislative  enactment,  it  shall  be  the  duty  of 
the  persons  appointed  to  the  ofBce  of  County  Commis- 
sioners of  such  county  by  the  act  creating  it  to  meet  SSnSs  to°m™it.~ 
at  some  place  in  the  county,  to  be  agreed  upon  by  a 
majority  of  said  County  Commissioners,  within  fifteen 
days    after   the   passage    of   the    act   creating   the    county. 


166 


ELECTION  LAWS 


Who   to    act   as 
clerk. 


Temporary     county- 
seat,   commission- 
ers to  designate. 


Disagreement, 
procedure. 


Election, 
ballots. 


form    of 


and  then  and  there  organize  as  a  Board  of  County  Com- 
misioners  by  electing  one  of  their  number  chairman.  The 
person  appointed  to  the  office  of  County  Clerk  in  the 
bill  creating  the  county  shall  be  notified  in  writing  by 
the  County  Commissioners  or  some  one  of  them  of  the 
time  and  place  of  said  meeting,  and  he  must  attend  the 
meeting  and  act  as  the  clerk  thereof  and  keep  a  record 
of  the  proceedings.  If  no  person  is  appointed  to  the 
office  of  County  Clerk  by  the  act  creating  the  county, 
the  Commissioners  shall  at  such  meeting  select  some 
person  qualified  to  hold  the  office  of  County  Clerk  to 
act   as  clerk   of  such   meeting. 

Sec.  2.  Immediately  after  the  organization  of  the  Board 
of  County  Commissioners,  as  provided  in  Section  i  of 
this  act,  said  board  shall  by  a  resolution,  spread  upon 
the  minutes  of  its  proceedings,  designate  some  place 
within  said  county  as  and  to  be  the  temporary  county 
seat  until  the  permanent  county  seat  shall  be  located 
as  hereinafter  in  this  act  provided.  The  place  so  desig- 
nated shall  be  the  temporary  county  seat  of  said  county 
until  the  permanent  county  seat  is  located  by  the  electors 
of  said  county  at  the  general  election  to  be  held  on  the 
first  Tuesday  after  the  first  Monday  of  November  of 
the  next  even  numbered  year  after  the  creation  of  the 
county,  or  at  a  special  election  as  hereinafter  provided. 
In  the  event  of  a  majority  of  the  County  Commissioners 
failing  to  agree  upon  the  loca,tion  of  the  temporary  county 
seat,  then  each  County  Commissioner  shall  write  the 
name  of  the  place  he  favors  as  the  temporary  county 
seat  on  a  slip  of  paper,  and  said  slips  shall  be  enclosed 
in  envelopes  of  the  same  size,  color  and  texture,  and 
shall  be  deposited  in  a  box  or  other  suitable  receptacle 
and  .the  County  Clerk,  in  the  presence  of  said  Commis- 
sioners, shall  draw  out  one  of  the  said  slips.  Thereupon 
the  County  Commissioners  shall  by  resolution,  spread 
upon  the  minutes,  declare  the  place  named  on  the  slip 
so  drawn  by  the  County  Clerk,  to  be  the  temporary  county 
seat  of  said   county. 

At  said  first  general  election  after  the  creation  of  the 
county  it  shall  be  the  duty  of  the  Board  of  County  Com- 
missioners   and    County    Clerk    to  .  have    separate    official 


STATE   OF  MONTANA  167 

ballots  printed  and  distributed  for  the  use  of  the  electors 

at  said   election,   which  ballots  shall   be   in   the  form   and 

contain   the   same   matter   as   the   ballots   provided   for    in 

Section   8  of   this   act;   and   the   provisions   of    Section   9 

of  this  act  shall  apply  to  and  govern  the  manner  of  voting 

and  of  canvassing  said  ballots,  and  the  Board  of  County 

Commissioners   shall   declare   the   result   of   such   election 

and  the  location  of  the  permanent  county  seat,   and   said 

county  seat  shall  be  located  in  the  manner  and  according 

to  the  provisions  of  said  Section  9  of  this  act.     Provided, 

however,   that  at   any   time   within   six   months   after   the 

passage   of  an   act   creatirtg   a   new   county   a   petition   or 

petitions  may  be  filed  with  the  County  Clerk  of  the  Board  pJrmaTenrcoSy^ 

of    County    Commissioners    of    such    county    asking    the  ^^^' 

board    to     submit    the    question   of    the    location    of    the 

permanent  county  seat  to  the  electors  of  the 

county  at  a  special  election  to  be  called  and  held  in  the 
manner  hereinafter  in  this  act  provided.  Said  petition  or 
petitions  must  contain  in  the  aggregate  the  names  of  at 
least  one  hundred  taxpayers,  whose  names  appear  upon 
the  assessment  books  containing  the  last  assessment  of 
the  property  situated  in  such  new  county  and  whose  names 
also  appear  as  registered  electors  in  some  registration 
district  established  and  existing  in  the  territory  embraced 
in  the  new  county  at  the  last  general  election  held  therein. 
The  petition  or  petitions  when  filed  with  the  board  must 
also  have  certificates  attached  thereto  from  the  County 
Clerk  of  the  county  in  which  the  person  or  persons  sign- 
ing the  petition  or  petitions  appear  in  the  last  assess- 
ment books 'of  his  county,  and  also  in  the  registration 
books  of  his  county  containing  the  names  of  the  electors 
registered  in  the  last  general  election  in  the  districts  now 
embraced  in  the  new  county. 

Sec.  3.  Upon  filing  said  petition  or  petitions  duly  cer- 
tified to  as  provided  in  Section  2  of  this  act  with  the 
County  Clerk  of  the  new  county,  he  must  immediately 
notify  the  chairman  of  the  Board  of  County  Commission- 
ers, who,  upon  receipt  of  such  notice,  must  call  a  meeting 
of  the  board  to  be  held  within  ten  days  after  the  filing 
of  said  petition,  for  the  purpose  of  considering  the  same. 
If  the  board  at  such  meeting  finds  that  said  petition  con- 


168 


ELECTION  LAWS 


When    election 
shall    be    held. 


Publication    of 
proclamation. 


forms  to  the  requirements  Oif  and  is  in  accordance  with 
the  provisions  of  Section  2  of  this  act,  it  shall,  at  said 
meeting  by  a  resolution  spread  upon  its  minutes,  call  a 
special  election  of  the  qualified  electors  of  said  county 
for  the  purpose  of  voting-  upon  the  question  of  the  loca- 
tion of  the  permanent  county  seat.  Said  e'lection  .  shall 
be  held  on  Tuesday  and  not  less  than  forty  nor  more 
than  sixty  days  after  the  date  of  calling  the  same.  The 
board  must  issue  an  election  proclamation  containing  a 
statement  of  the  time  of  the  election  and  the  question 
to  be  submitted.  A  copy  of  this  proclamation  must  be 
published  in  some  newspaper  printed  in  the  county,  if  any, 
and  posted  at  each  place  of  election  at  least  ten  days 
before  the   election. 


To  designate  poll- 
ing   places    and 
appoint  registration 
agents. 


Duty   of   County- 
Clerks. 


Sec.  4.  At  the  meeting  of  the  board  at  wihich  the 
special  election  is  called  for  the  purpose  of  locating  the 
permanent  county  seat,  the  board  shall  by  resolution 
spread  upon  its  minutes  divide  the  county  into  registra- 
tion districts  and  establish  polling  precincts  in  the  man- 
ner provided  by  law.  It  must  also,  at  such  meeting, 
make  an  order  designating  the  house  or  place  within 
each  precinct  where  the  election  shall  be  held.  It  must 
also  at  the  same  session  of  the  board  appoint  registry 
agents  for  the  several  registration  districts  established 
by  it  who  must  possess  the  qualifications  required  by 
law  for  registry  agents.  The  County  Clerk  m^ust  furnish 
the  said  registry  agents  with  books,  blanks,  and  other 
stationery  required  for  the  proper  performance  of  their 
duties.  .  • 


Registration. 


Sec.  5.  The  period  for  the  registration  of  electors  shall 
be  between  the  hours  of  9  a.  m.  and  9  p.  m.,  on  all  legal 
days,  from  9  a.  m.  of  the  fourth  Monday  prior  to  the 
date  of  said  election  to  9  p.  m.  of  the  second  following 
Saturday.  It  shall  be  the  duty  of  each  registry  agent 
to  publish  and  post  notices  of  the  time  and  places  of 
registration  in  the  manner  provided  by  law  for  the  pub- 
lication of  notices  of  registration  for  general  elections. 
No  person  shall  be  entitled  to  register  and  vote  at  such 
special  election  unless  he  is  a  qualified  voter  of  the  State 
of    Montana    of    the    age    of    twenty-one    years,    and    will 


STATE    OF   MONTANA  169 

have   been   a   resident   of    Montana   one   year   and    of    the 

territory    embraced    within    the    boundaries    of    the    new 

county  for  a  period  of  one  hundred  and  eighty  days  on 

the    day    next    preceding    the    day    of    such    election,    and 

also   take  and   subscribe  to   the  oath  provided   in   Section 

479,    Revised    Codes    of   Montana.      The    general    election  appUcaSie^^^^ 

laws  of  this  State  governing  the  registration  of  electors 

and  defining  the  duties  of  the  registry  agents  shall  apply 

to    and    govern    the    registration    of    dlectors    in    elections 

held   under  this   act  insofar  as  the  same   do  not   conflict 

herewith. 

Sec.  6.  At  the  same  meeting  of  the  Board  of  County 
Commissioners  at  'which  the  special  election  for  the  loca- 
tion of  the  permanent  county  seat  is  called,  the  board  judges  of  election, 
shall  appoint  three  judges  of  election  for  each  precinct  ®*°' 
in  the  county  who  shall  act  as  the  judges  at  said  election. 
It  shall  be  the  duty  of  the  County  Clerk  to  have  printed 
and  distributed  to  the  judges  of  election  the  necessary 
ballots,  the  form  of  which  shall  be  as  provided  in  Sec- 
tions 2,  8  and  lo  hereof,  and  also  supply  the  judges  with 
the  necessary  books,  records,  stationery  and  ballot  boxes 
required  to  hold  such  election  in  the  manner  provided 
by   Law. 

Sec.  7.  The  judges  appointed  for  said  special  election 
must  qualify  as  required  'by  the  general  election  law,  SeSuoS  °^ 
and  the  polls  must  be  opened  and  closed,  the  voting  done, 
the  ballots  counted,  returns  made  to  the  Board  of  County 
Commissioners,  and  all  other  matters  connected  with 
said  election,  carried  on  and  conducted  in  accordance 
with  and  as  provided  by  Part  III,  Title  II,  of  the  Political 
Code  of  Montana  and  amendments  thereto  governing 
elections  in  this  State. 

Sec.  8.  The  form  of  the  ballot  used  at  such  election 
shall  be  as  follows:  There  shall  be  a  stub  across  the 
top  of  each  ballot  and  separated  therefrom  'by  a  per-  Form  of  ballot, 
forated  line.  The  part  above  the  perforated  line,  desig- 
nated as  the  stub,  shall  extend  the  entire  width  of  the 
ballot  and  shall  have  a  depth  of  not  less  than  two  inches. 
Upon  the  face  of  the  stub  there  shall  be  printed  in  what 
is   known   as   brevier   capitals   the    following   instructions: 


170 


ELECTION  LAWS 


Elector    unable 
write,    procedure 


to 


"To  vote  this  'ballot  the  elector  will  write  in  the  blank 
space  on  the  ballot  the  name  of  the  town  or  place  at 
wihich  he  desires  the  permanent  county  seat  to  be  lo- 
cated." The  ballot  below  the  perforated  line  shall  be  in 
the  following-  form : 

"For   the   permanent   county   seat   of    (here 

insert  name  of  county)   County  my  choice  is   " 

Provided,  that  any  person  who  from  any  cause  is  un- 
able to  write,  he  may  have  one  of  the  judges  in  the 
presence  of -another  judge  write  his  choice  on  the  ballot. 

Sec.  9.  When  the  name  of  a  town  or  place  in  a  county 
shall  be  so  inserted  in  the  blank  space  on  such  ballot 
Canvas  of  returns,  by  an  elector  and  the  'ballot  has  been  cast  as  provided 
by  law,  the  same  shall  be  deemed  a  vote  for  the  desig- 
nated town  or  place  as  the  location  of  the  permanent 
county  seat  of  said  county.  The  Board  of  County  Com- 
missioners of  said  county  shall  canvass  the  returns  of 
said  election  in  the  manner  provided  'by  law  for  the  can- 
vassing of  election  returns,  and  upon  such  canvassinsr 
of  the  returns  the  town  or  place  found  to  have  received 
a  majority  of  all  votes  cast  on  such  questions  shall  be 
declared  bv  the  board  the  permanent  county  seat  of  the 
county.  The  order  declaring  the  result  of  such  election 
shall  be  entered  of  record  in  the  minutes  of  the  proceed- 
ing's of  the  Board  of  County  Commissioners  by  the  County 
Clerk  and  from  the  date  of  the  declaration  of  the  results 
of  the  election  the  town  or  place  selected  shall  be  and 
remain  until  lawfully  changed  in  the  matmer  provided 
by  law,  the  permanent  cotinty  seat  of  such  county.  Within 
ten  days  after  the  declaration  of  the  result  of  such  elec- 
tion all  records  and  county  offices  of  the  county,  if  else- 
where located,  must  be  moved  to  and  remain  at  the  place 
declared   the   permanent   county   seat. 

Sec.  ID.  If  no  town  or  place  receives  a  majority  of 
all  votes  cast  on  such  question,  then  the  town  or  place 
receiving  the  highest  number  of  votes  shall  be  declared 
by  the  board  and  immediately  become  the  temporary 
county  seat  of  the  county,  and  at  the  next  general  elec- 
tion the  two  towns  or  places  receiving  the  greatest  num- 
ber of  votes  at  said  first  election  shall  be  the  candidates 


Result    of    election. 


Procedure  in   event 
no    town    receive 
majority   of  all 
votes. 


STATE    OF   MONTANA  171 

for   the    permanent    county    seat.      At    said    next    general 

election    the    County    Clerk    shall    have    separate    ballots 

in  the  form  provided  for  in  Section  8  of  this  act  printed  ^;j^s"?^^nTt  ginemi 

and  distributed  as  provided  'by  law  containing  the  names  election. 

of  said   candidates   for   the   permanent   county    seat.      On 

the   stub   of   such   ballots   shall   be  printed   the    following 

instructions: 

"To  vote  this  ballot  the  elector  will  place  an  X  in  the 
square  before  the  name  of  the  town  he   intends  to  vote        > 
for." 

The  form  of  such  ballots  below  the  perforated  line  shall 
be   as   follows : 


D 
D 


for   the  (permanent   county   seat.  Form   of  baiiot. 


for   the  permanent   county   seat. 


Of  said  towns  or  places  the  one  receiving  a  majority 
of  all  the  votes  cast  on  such  question  shall  be  declared 
the  permanent  county  seat  and  the  Board  of  County 
Commissioners  must  canvass  the  returns  and  declare  the 
result,  and  the  county  seat  must  be  located  in  accordance 
with  the  provisions  of  this  act. 

Sec.   II.     All  laws  of  general   nature  applicable  to  the  Laws  applicable 
several    counties    of   the    State    of    Montana    and    to    the  ^°  "^"^  county, 
officers  thereof  and  to  their  powers   and  duties  shall   be 
applicable  to  a  new  coiinty  and  the  officers  thereof  from 
and  after  the  creation  of  the  county,  except  as  otherwise 
provided  iri  this  act  or  the  act  creating  the  county. 

Sec.  12.  Any  county  heretofore  created,  in  which  the 
permanent  county  seat  has  not  been  located  by  valid  self  "whe?i  ''jwx'^^ 
election  held  for  the  purpose  of  locating  the  permanent  ^^^^• 
county  seat  of  said  county,  may  have  a  special  election 
for  the  purpose  of  voting  on  such  question,  called  and 
held  under  the  provisions  of  this  <act,  or  if  no  special 
election  is  held  for  such  purpose,  then  said  question  shall 
be  submitted  by  the  County  Commissioners  at  the  next 
general  election  after  the  passage  of  this  act  and  in  the 
manner  provided  herein  for  the  submission  of  such  ques- 
tion at  general  elections;  Provided,  however,  that  no  spe- 


172  ELECTION   LAWS 

Petition  for  special   (^j^j  election  shall  be  called  for  the  purpose  of  submittino^ 

election.  .   .  .   .  .    . 

such  question  unless  a  petition  or  petitions  containing 
in  the  aggre'gate  the  names  of  one  hundred  tax-ipaying 
electors  of  such  county  whose  names  appear  upon  the 
last  assessment  book  and  also  on  the  last  registration 
books  of  said  county  are  filed  with  the  clerk  of  the  Board 
of  County  Commissioners  within  six  months  after  the 
passage  and  approval  of  this  act.  Upon  the  filing  of 
such  petition  or  petitions  within  said  time,  containing 
the  requisite  number  of  taxnpaying  electors,  which  must 
be  ascertained  by  the  board  from  the  records  of  said 
Duty  of  county  county,  Said  board  must  immediately  call  such  special 
commissioners.  election,  as  herein  provided.     If  registration  districts  and 

polling  precincts  have  already  been  established  in  said 
county,  they  shall  remain  the  same  for  such  special  elec- 
tion, but  a  new  registration  shall  be  had  and  said  special 
election  conducted  and  the  result  determined  as  in  this 
act  provided.  The  provisions  of  this  section  shall  not 
apply  in  any  case  where  there  has  been  a  permanent 
county  seat  located  and  maintained  for  a  period  of  three 
(3)  years  from  the  date  immediately  subsequent  to  the 
date  of  the  approval  of  this  act,  whether  the  same  was 
located  by  a  legal  election  or  otherwise. 

Sec.  13.  This  act  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and   approval  by  the   Governor. 

(Act  approved  March  9,  191 1;  Laws  191 1,  Chap.  135, 
P    378.) 


STATE   OF   MONTANA  173 


REMOVAL    OF     COUNTY     SEAT. 
Constitutional  Provision — Article  XVI. 

Sec.  2.  The  Legislative  Assembly  shall  have  no  power 
to  remove  the  county  seat  of  any  county,  but  the  same 
shall  be  provided  for  by  general  law;  and  no  county  seat 
shall  be  removed  unless  a  majority  of  the  qualified  elect- 
ors of  the  county,  at  a  general  election  on  a  proposition 
to  remove  the  county  seat,  shall  vote  therefor;  but  no 
such  proposition  shall  be  submitted  oftener  than  once  in 
four  years. 

Code    Pi-ovisions. 

(Sections  refer   to   Revised   Codes   of   1907;   Sections   in 
brackets  refer  to  Codes  of  1895.) 
Section  2851.    Removal   of   County    Seat— Petition. 

2852.  Submission    to    Electors — Who    Are    Taxpayers. 

2853.  Election — Notice  of — How  Held  and  Conducted. 

2854.  Voter    to    Vote    for    Place    He    Prefers. 

2855.  Publication  of  Result. 

2856.  Place   Chosen   to  be   County   Seat. 

2857.  Statement  of  Result  and  Notice  Transmitted. 

2858.  No  Second  Election  to  be  Held  Within  Four  Years. 

2859.  County  Seat  May  be  Removed  From  Time  to  Time. 

Sec.  2851.  (Sec.  4157.)  Removal  of  County  Seat — 
Petition. — Whenever  the  inhabitants  of  any  county  of  this 
State  desire  to  remove  the  county  seat  of  the  county 
from  the  place  where  it  is  fixed  'by  law  or  otherwise  to 
another  place  they  may  present  a  petition  to  the  Board 
of  County  Commissioners  of  their  county  praying  such 
removal,  such  place  to  be  named  in  the  petition,  and 
that  an  election  be  held  to  determine  whether  or  not  such 
removal  must  be  n;iade. 

Sec.  2852.  (Sec.  4158.)  Submission  to  Electors — Who 
Are  Taxpayers. — If  the  petition  is  signed  by  a  majority 
of  the   taxpayers   of  such   county  the   board   must   at   the  Petition  to  be 

.       -        .  ,       .        ,  .  ^  subscribed    by 

next  general  election  submit  the  question  of  removal  to  majority  of  tax- 
the  electors  of  the  county;  Provided,  that  the  term  "tax- 
payers" used  in  this  section  shall  be  deemed  to  mean 
*'ad  valorem  taxpayers,"  and  that  for  the  purpose  of  test- 
ing the  sufficiency  of  any  petition  which  may  be  presented 
to  the  County  Commissioners  as  provided  in  this  section. 


174  ELECTION  LAWS 


the  County  Commissioners  shall  compare  such  petition 
with  the  poll  books  in  the  County  Clerk's  office  con- 
stituting the  returns  of  the  last  election  held  in  their 
county,  for  the  purpose  of  ascertaining  whether  such 
petition  bears  the  names  of  a  majority  of  the  voters  listed 
therein;  and  they  shall  make  a  similar  comparison  of  the 
names  signed  to  the  petition  with  those  appearing  upon 
tlie  listed  assessment  roll  of  the  county  for  the  purpose 
of  ascertaining  whether  the  petition  bears  the  names  of 
a  majority  of  the  ad  valorem  taxpayers  as  listed  in  said 
assessment  roll ;  and  if  such  petition  then  shows  that 
it  has  not  been  signed  by  a  majority  of  the  legal  voters 
of  the  county  who  are  ad  valorem  taxpayers  thereof,  it 
shall  be  deemed  insuffi>cient,  and  the  question  of  removal 
of  the  county  seat  shall  not  be  submitted. 

Sec.  2853.  (Sec.  4159.)  Election,  Notice  oi,  How  Held 
and  Conducted. — Notice  of  such  election,  clearly  stating 
the  object,  must  be  given,  and  the  election  must  be  held 
and  conducted,  and  the  returns  made  in  all  respects  in  the 
manner  prescribed  by  law  in  regard  to  the  submitting 
of  questions  to  the  electors  of  a  locality  under  the  general 
election  law. 

Sec.  2854.  (Sec.  4160.)  Voter  to  Vote  for  Place  He 
Prefers. — In  voting  on  the  question,  each  elector  must 
vote  for  the  place  in  the  county  which  he  prefers,  by 
placing  opposite  the  name  of  the  place  the  mark  X. 

Sec.  2855.  (Sec.  4161.)  Publication  of  Result. — When 
the  returns  have  been  received  and  compared  and  the 
results  ascertained  'by  the  board,  if  two-thirds  of  all  the 
legal  votes  cast  by  those  voting  on  the  proposition  are 
in  favor  of  any  particular  place,  the  hoard  must  give 
notice  of  the  results  by  posting  notices  thereof  in  all 
the  election  precincts  of  the  county,  and  by  publishing 
a  like  notice  in  a  newspaper  printed  in  the  county  at 
least  once  a  week  for  four  weeks. 

Sec.   2856.      (Sec.   4162.)    Place   Chosen   to    Be    County 

Seat. — In  the  notice  provided  for  in  the  next  preceding 
section,  the  place  selected  to  be  the  county  seat  of  the 
county  must  he  so  declared  from  a  day  specified  in  the 
notice,  not  more  than  ninety  days  after  the  election.    After 


STATE   OF  MONTANA  175 


the  day  named  in  the  notice,  the  place  chosen  is  the 
county    seat   of   the    county. 

Sec.  2857.  (Sec.  4163.)  Statement  of  Result  and 
Notice  Transmitted. — Whenever  any  election  has  been 
held,  as  provided  for  in  the  preceding  section  of  this 
chapter,  the  statement  made  by  the  Board  of  County 
Commissioners  showing  the  result  thereof  must  be  de- 
posited in  the  office  of  the  County  Clerk,  and  iwhenever 
the  board  gives  the  notice  prescribed  by  Sec.  2856  (Sec 
4162),  they  must  transmit  a  certified  copy  thereof  to 
the   Secretary  of   State. 

Sec.  2858.  (Sec.  4164.)  No  Second  Election  to  Be 
Held  Within  Four  Years. — When  an  election  has  been 
held  and  a  majority  of  the  votes  are  not  cast  for  some 
other  place  than  that  fixed  by  law  as  the  former  county 
seat,  no  second  election  for  the  removal  thereof  must  be 
held  within  four  years  thereafter. 

Sec.  2859.  (Sec.  4165.)  County  Seat  May  Be  Removed 
From  Time  to  Time. — When  the  county  seat  of  a  county 
has  been  once  removed  by  a  popular  vote  of  the  people 
of  the  county,  it  may  be  again  removed  from  time  to 
time   in   the    manner    provided  .by   this   chapter. 


STATE   OF   MONTANA  177 


COUNTY    BOND    ELECTIONS. 

Indebtedness. 

Constitution — Article   XIII. 

Sec.  5.  No  county  shall  be  allowed  to  become  in- 
debted in  any  manner,  or  for  any  purpose,  to  an  amount, 
including  existing  indebtedness,  in  the  aggregate,  exceed- 
ing five  (5)  per  centum  of  the  (value  of  the)  taxable 
property  Ijierein,  to  be  ascertained  by  the  last  assess- 
ment for  State  and  county  taxes  previous  to  the  incurring 
of  such  indebtedness,  and  all  bonds  or  obligations  in 
excess  of  such  amount  given  by,  or  on  behalf  of  such 
county  shall  be  void.  No  county  shall  incur  any  in- 
debtedness or  liability  for  any  single  purpose  to  an 
amount  exceeding  ten  thousand  dollars  ($10,000)  without 
the  approval  of  a  majority  of  the  electors  thereof,  voting 
at  an  election  to  be  provided  by  law. 


Code  Provisions. 

(Sections  refer  to  Revised  Codes  of  1907;  Sections  in 
brackets  refer  to   Codes  of   1895.) 

Section  2933.     Comimissifoneris    Not    to    Borrow    Money    Except    as 
Provided  in  Tliis  Article. 

2934.  Commissioners    to    Determine    Amount    Necesisary. 

2935.  Notice    of   Election    to    be    Given. 

2936.  Ballots— What  to  Contain. 

2937.  When    Loan    May    be  Made. 

2938.  Form    of    Ballots— Voting. 

Sec.  2933.  (Sec.  4270.)  Commissioners  Not  to  Borrow 
Money  Except  as  Provided  in  This  Article. — The  Board 
of  County  Commissioners  must  not  borrow  money  for 
any  of  the  purposes  mentioned  in  this  title,  or  for  any 
single  purpose  to  a-n  amount  exceeding  ten  thousand 
dollars,  without  the  approval  of  a  majority  of  the  electors 
of  the  county,  and  without  first  having  submitted  the 
question   of  a   loan   to  a  vote   of  such   electors. 

Sec.  2934.  (Sec.  4271.)  Commissioners  to  Determine 
Amount  Necessary. — Whenever  it  is  necessary  to  submit 
to  a  vote  of  the  electors  of  the  county  the  question  of 
making  a  loan,  the  board  must  first  determine  the  amount 
necessary  to  be  raised. 


178  ELECTION  LAWS 


Sec.  2935.  (Sec.  4272.)  Notice  of  Election  to  Be 
Given. — Notice  of  the  election  clearly  stating  the  amount 
to  be  raised,  and  the  object  of  the  loan,  must  be  given, 
and  the  election  held  and  conducted,  and  the  returns 
made  in  all  respects  in  the  manner  prescribed  by  law 
in  regard  to  the  submission  of  questions  to  the  electors 
of   a   locality   under   the    general   election   law. 

Sec.  2936.  (Sec.  4273.)  Ballots,  What  to  Contain. — 
There  must  be  written  or  printed  on  the  ballots  the 
words  "For  the  loan"  and  "Against  the  loan,"  and  in 
voting  the  elector  must  vote  for  the  proposition  he  pre- 
fers by  making  an   X   opposite  the   proposition. 

Sec.  2937.  (Sec.  4274.)  When  Loan  May  Be  Made. — 
If  a  majority  of  the  votes  cast  are  in  favor  of  the  loan, 
then  the  board  may  make  the  loan,  issuing  bonds  or 
otherwise,  as  may  seem  best  for  the  interests  of  the 
county. 

Sec.  2938.  Form  of  Ballots — Voting. — ^That  hereafter 
whenever,  in  due  course  of  law,  in  the  mianner  and  form 
required  'by  law  and  according  to  the  provisions  and 
requirements  of  law,  any  question  or  proposition  of  or 
relating  to  bonded  indebtedness,  or  of  issuing  bonds  or 
of  refunding,  increasing  or  creating  a  bonded  indebted- 
ness, is  submitted,  ordered  submitted  or  to  be  submitted 
to  the  electors  of  any  county,  at  a  general  or  other  elec- 
tion, when  at  the  same  time  candidates  for  national.  State 
or  county  offiice  or  offices  are  to  be  voted  upon,  or  for, 
by  the  qualified  electors  of  such  county,  such  question 
or  proposition  relating  to  bonds  or  bonded  indebtedness 
shall  not  be  placed  or  printed  upon  the  offi'cial  ballots 
furnished  electors  at  such  election  for  the  purpose  of 
voting  for  candidates  for  any  office  or  offices  and  con- 
taining the  names  of  candidates  for  office  or  offilces  to 
be  voted  for  at  such  election ;  but  the  County  Commis- 
sioners shall  authorize  and  the  County  Clerk  shall  have 
printed  and  furnished  to  election  judges  and  officials  in 
each  voting  precinct  of  such  county  separate  ballots 
therefor,  equal  in  number  to  the  official  ballots  so  fur- 
nished and  containing  the  names  of  such  candidates  for 
offi*ce.     Said  separate  ballots  shall   be  white  in  color   and 


STATE   OF  MONTANA  179 


of  convenient  size,  being  only  large  enough  to  contain 
the  printing  required  to  be  done  and  placed  thereon,  and 
shall  have  printed  thereon  in  fair,  sized,  legible  type  and 
black  ink,  in  one  line  or  more,  as  required,  the  words 
"For"  said  bonding  proposition  (stating  it  and  the  terms 
thereof  explicitly  and  at  length)  and  thereunder  the  words 
"Against"  said  bonding  proposition  (stating  it  and  the 
terms  thereof  explicitly  and  at  length,  in  like  manner, 
as  above)  ;  and  there  shall  be  before  the  word  "For"  and 
before  the  word  "Against,"  each,  a  square  space  of  suf- 
ficient size  to  place  a  plain  cross  or  X  therein,  and  such 
arrangfement  shall  be  in  this  manner: 


D 
D 


For   (stating  propositions). 


Against  (stating  propositions). 


election. 


Such  separate  ballots  shall  be  kept,  stamped,  given 
out,  received,  counted,  returned  and  disposed  of  by  elec-  conduct  of 
tion  judges  in  like  manner  as  other  official  ballots  herein 
referred  to.  Each  qualified  elector  offering  to  vote  and 
permitted  to  vote  shall,  at  the  time  he  is  offered  by  the 
election  judges  an  offi'cial  ballot  'bearing  the  names  of 
candidates  for  ofHce,  be  handed  one  of  the  separate  ballots 
above  described  and  he  may  then  and  there,  in  a  booth 
as  provided  by  law,  and  not  otherwise,  vote  on  such 
separate  ballot  for  or  against  said  proposition  by  placing 
a  cross  or  X  before  the  word  "For"  or  the  word  "Against" 
in  the  vacant  square  provided  therefor;  and  such  separate 
ballot  shall  be  returned  to  the  election  judges  by  the 
voter  with  said  other  official  ballot,  if  the  voter  chooses 
to  vote  for  candidates  for  office  and  is  entitled  to  do  so. 
The  election  judges  shall  deposit  said  separate  ballot  on 
the  bonding  proposition  separate  from  the  voter's  other 
official   ballot,   in   the  ballot   box. 


STATE  OP  MONTANA  181 


LOCAL    OPTION. 

(Sections  refer   to  Revised   Codes   of   1907;   Sections   in 
brackets  refer  to  Codes  of  1895.) 

Section  2041.     Election  to  be   Ordered   Upon  Application   of   One- 
Tliird  of  the  Voters  of  Any  County. 

2042.  Notice   of    Election — RegiLl;a)tions — Qualifications    of 

Voters. 

2043.  Ballots^-What    to     Contain. 

2044.  Election— How    Held. 

2045.  Dealing   in    Intoxicating   Liquors   ProMbited   if   Ma- 

jority of   Vote   Against   Sale. 

2046.  No     Election     More     Than     Once    in     Two     Years. 

2047.  Sale   of   Liquors    Prohibited. 

2048.  Penalty  for  Violation. 

2049.  Election — How   Contested. 

Sec.  2041.  (Sec.  3180.)  Election  to  Be  Ordered  Upon 
Application  of  One-Third  of  the  Voters  of  Any  County. — 

Upon  application  by  petition,  signed  by  one-third  of  the 
voters  who  are  qualified  to  vote  for  members  of  the 
Legislative  Assembly  in  any  county  in  the  State,  the 
Board  of  County  Commissioners  must  order  an  election  hi?d *S^  what  um^e^ 
to  be  held  at  the  places  of  holding  elections  for  county 
officers,  to  take  place  within  forty  days  after  the  recep- 
tion of  such  petition,  to  determine  whether  or  not  any 
spirituous  or  malt  liquors,  wine,  or  cider,  or  any  intoxi- 
cating liquors  or  drinks  may  be  sold  within  the  limits 
of  the  county.  No  electon  under  this  chapter  must  take 
place  in  any  month  in  which  general  elections  are  held. 
The  County  Commissioners  must  determine  on  the  suf- 
ficiency of  the  petition  presented  by  the  last  assessment 
roll  of  the  county. 

Sec.  2042.  (Sec.  3181.)  Notice  of  Election — Regula- 
tions— Qualifications  of  Voters. — The  notice  of  election 
must  be  published  once  a  week  for  four  weeks  in  such 
newsipapers  of  the  county  where  the  election  is  to  be 
held    as    the   hoard   may    think    proper. 

Sec.   2043.      (Sec.   3182.)      Ballots,  What  to  Contaiji. — 

The  County  Clerk  must  furnish  the  ballots  to  be  cast 
at  such  election,  as  provided  in  the  general  election  law, 
which  ballots  must  contain  the  following  words :  ''Sale 
of  intoxicating  liquors.  Yes" ;  "Sale  of  intoxicating  liquor^.. 


)82  ELECTION  LAWS 


No";  and  the  elector  in  order  to  vote  must  mark   an  X 
opposite   one    of   the    answers. 

Sec.  2044.  (Sec.  3183.)  Election,  How  Held. — The  poll- 
ing places  must  'be  established,  the  judges  and  other 
officers  to  conduct  the  election  must  be  designated,  and 
the  election  must  be  held,  canvassed  and  returned  in  all 
respects  in  conformity  to  the  general  election  law,  as 
provided  in  Title  II,  Part  III,  of  this  code.  No  new 
registration  is  required,  but  the  provisions  of  Sections 
491   (1222)  and  492   (1223)  of  this  code  apply. 

Sec.  2045.  (Sec.  3184.)  Dealing  in  Intoxicating  Liquors 
Prohibited  If  Majority  of  Votes  Against  Sale. — If  a  majority 
of  the  votes  cast  are  *'Saie  of  intoxicating  liquors,  No," 
the  Board  of  County  Commissioners  must  publish  the 
result  once  a  week  for  four  weeks  in  the  paper  in  which 
the  notice  of  the  election  was  given.  The  provisions 
of  this  chapter  take  effect  at  the  expiration  of  the  time 
of  the  publication  of  the  notice,  and  no  license  must  be 
issued   pending   the    publication. 

Sec.  2046.  (Sec.  3185.)  No  Election  More  Than  Once 
in  Two  Years. — No  other  election  must  be  held  in  the 
same  county  oftener  than  once  in  two  years  thereafter. 

Sec.  2047.  (Sec.  3186.)  Sale  of  Liquors  Prohibited, 
When. — If  a  majority  of  the  votes  cast  at  the  election 
are  ''Sale  of  intoxicating  liquors.  No,"  it  shall  not  'be 
lawful  for  any  person  within  the  county  in  which  the 
vote  was  taken  to  sell,  either  directly  or  indirectly,  or 
give  away,  to  induce  trade  at  any  place  of  business,  or 
furnish  to  any  person,  any  alcoholic,  spirituous,  malt,  or 
intoxicating   liquors. 

Sec.  2048.      (Sec.   3187.)      Penalty   for   Violation. — If   a 

majority  of  the  votes  at  the  election  are  "Sale  of  intoxi- 
cating liquors,  No,"  then  any  person  violating  the  pro- 
visions of  this  chapter  is  guilty  of  a  misdemeanor,  and 
is  punishable  as  prescribed   in   the  penal   code. 

Sec.  2049.  (Sec.  3188.)  Election,  How  Contested. — 
Any  election  held  under  the  provisions  of  this  chapter 
may  be  contested  in  the  same  manner  as  prescribed  in 
Title  II,  Part  III,  of  the  Code  of  Civil  Procedure. 


STATE   OF  MONTANA  183 


Duties   of   County   Commissioners   Relative  to   Elections. 

(Sections  refer  to  Revised  Codes  of  1907;  Sections  in 
brackets   refer  to   Codes   of   1895.) 

Section    2939.     To    Provide    Appliances    to    Hold    Elections. 
2940.     Certificates   Issued   as   Board   of  Canvassers. 

Sec.  2939.  (Sec.  4280.)  Provide  Appliances  to  Hold 
Elections. — The  Board  of  County  Commissioners  must 
provide  all  poll  lists,  poll  books,  blank  returns  and  cer- 
tificates, proclamations  of  elections,  and  other  appropriate 
and  necessary  appliances  for  holding  all  elections  in  the 
county,  and  allow  reasonable  charges  therefor,  and  for 
the  transmission  and  return  of  the  same  to  the  proper 
officers. 

Sec.  2940.  (Sec.  4281.)  Certificates .  Issued  as  Board 
of  Canvassers. — Whenever,  as  canvassers,  the  Board  of 
County  Commissioners  declare  the  result  of  any  election 
held  in  the  county,  certificates  must  be  by  the  clerk  of 
the  board  issued  to  all  persons  elected  to  a  county  office 
or  to  a  township  or  district  office  therein,  and  such  other 
certificates  must  be  made  out  and  transmitted  as  required 
by  the  title  relative  to  "Elections." 


STATE   OF  MONTANA  185 

GOVERNMENT     OF     CITIES. 

Proceedings    for    the    Organization    of    a    City    or    Town 

and   Adding    Contiguous   Territory. 

(Sections  refer  to  Revised   Codes  of  1907;   Sections   in 
brackets   refer   to    Codes   of   1895.) 
Section  3208.     Steps   to    be    Taken    to    Incorporate. 

3209.  Election — How    Conducted. 

3210.  First   Election   for   Officers. 

3211.  Officers    Elected    and  Conduct  of  Election. 
3215.    Election  on   tlie  Question  of  Annexation. 

Sec.  3208.  (Sec.  4720.)  Steps  to  Be  Taken  to  Incor- 
porate.— Whenever  the  inhabitants  of  any  part  of  a  county 
desire  to  be  organized  into  a  city  or  town,  they  may 
apply  by  petition  in  writing,  signed  by  not  less  than  Petition  and 
fifty  qualified  electors,  residents  of  the  State  and  residing  ^^^' 
within  the  limits  of  the  proposed  incorporation,  to  the 
Board  of  County  Commissioners  of  the  county  in  which 
the  territory  is  situated,  which  petition  must  describe  the 
limits  of  the  proposed  city  or  town,  and  of  the  several 
wards  thereof,  which  must  not  exceed  one  square  mile 
for  each  five  hundred  inhabitants  residents  therein.  The  . 
petitioners  must  annex  to  the  petition  a  map  of  the 
proposed  territory  to  be  incorporated,  and  state  the  name 
of  the  city  or  town.  The  petition  and  map  must  be  filed 
in  the  office  of  the  County  Clerk.  Upon  filing  the  petition 
the  Board  of  County  Commissioners,  at  its  next  regular 
or  special  meeting,  ^must  appoint  some  suitable  person 
to  take. a  census  of  the  residents  of  the  territory  to  be 
incorporated.  After  taking  the  census,  the  person  ap-  Procedure, 
pointed  to  take  the  same  must  return  the  list  to  the 
Board  of  County  Commissioners,  and  the  same  must  be 
filed  by  them  in  the  County  Clerk's  office.  No  municipal 
corporation  must  be  formed  unless  the  number  of  in- 
habitants is  three  hundred  or  upwards.  (Act  approved 
March  3,  1909;  Laws  1909,  Chap.  56.) 

Sec.   3209.      (Sec.   4721.)      Election,   How   Conducted. — 

After  filing  the  petition  and  census,  if  there  be  the  requi-  publication   of 
site  number  of  inhabitants  for  the  formation  of  a  munici-  ^°^^^^- 
pal    corporation,    as    required    in    the    preceding    section, 
the    County    Commissioners   must   call    an    election   of   all 


186 


ELECTION  LAWS 


Judges    and    clerks 
of    election. 


Who   may   vote. 


Terms  of  office. 


the  qualified  electors  residing  in  the  territory  described 
in  the  petition.  Said  election  must  be  held  at  a  conveni- 
ent place  within  the  territory  described  in  the  'petition, 
to  be  designated  by  the  board,  notice  of  which  election 
must  be  given  by  publication  in  some  newspaper  pub- 
lished within  the  limits  of  the  territory  to  be  incorporated, 
or  if  none  be  published  therein,  by  posting  notice  in  three 
public  places  within  said  limits.  The  notice  must  be 
published  thirty  days  prior  to  the  election,  and  must 
specify  the  time  and,  place  when  and  where  the  same  is 
held,  and  contain  a  description  of  the  boundaries  of  the 
city  or  town.  The  board  must  appoint  judges  and  clerks 
of  election,  who  must  qualify  as  required  by  law,  and 
after  the  election  they  must  report  the  result  to  the 
board,  together  with  the  ballots  cast  at  said  election.  The 
ballots  used  at  the  election  must  be  ''For  incorporation" 
or  "Against  incorporation,"  and  all  elections  must  be  con- 
ducted as  provided  in  Title  II,  Part  III,  of  this  code. 

Sec.  3210.  (Sec.  4722.)  First  Election  for  Officers. — 
When  the  incorporation  of  a  city  or  town  is  completed, 
the  Board  of  County  Commissioners  must  give  notice  for 
thirty  days  in  a  newspaper  published  within  the  limits 
of  the  city  or  town,  or  if  none  be  published  therein,  by 
posting  notices  in  six  public  places  within  the  limits  of 
the  corporation,  of  the  time  and  place  or  places  of  holding 
the  first  election  for  officers  of  the  corporation.  At  such 
election  all  the  electors  qualified  by  the  general  election 
laws  of  the  State,  and  who  have  resided  within  th  limits  of 
the  city  or  town  for  six  months  and  within  the  limits  of  the 
ward  for  thirty  days  preceding  the  election,  are  qualified 
electors  and  may  choose  officers  for  the  city  or  town, 
to  hold  ofiice  as  prescribed  in  the  next  succeeding  section. 

Sec.  321 1.  (Sec.  4723.)  Officers  to  Be  Elected  and 
Conduct  of  Election. — At  such  election  there  must  be 
elected,  in  a  city  of  the  first  class,  a  Mayor,  a  Police 
Judge,  a  City  Attorney,  a  City  Treasurer,  a  City  Marshal, 
and  two  Aldermen  from  each  ward  into  which  the  city 
may  be  divided;  in  a  city  of  the  second  class,  a  Mayor, 
a  Police  Judge,  a  City  Treasurer,  a  City  Marshal,  and 
two  aldermen  from  each  ward;  in  a  town,  a  Mayor,  and 
two  aldermen  from  each  ward,  who  hold  office  until  the 


STATE   OF   MONTANA  18' 

first  Monday  of  May  after  the  first  annual  election,  and 
until  their  successors  are  elected  and  qualified.  The 
persons  so  elected  must  qualify  in  the  manner  prescribed 
by  law  for-  county  officers.  The  Board  of  County  Com- 
missioners must  appoint  judges  and  clerks  of  election, 
and  canvass  and  declare  the  result  thereof.  The  election 
must   be   conducted   in   the   manner   required   by    law    for 

the  election  of  county  offi'cers. 

****** 

Sec.  3215.  (Sec.  4727.)  Election  on  the  Question  of 
Annexation. — When  a  city  or  town  desires  to  be  annexed 
to  another  and  contiguous  city  or  town,  the  Council  of 
each  thereof  must  appoint  three  commissioners  to  arrange 
and  report  to  the  municipal  authorities  respectively  the 
terms  and  conditions  on  which  the  annexation  can  be  made, 
and  if  the  City  or  Town  Council  of  the  municipal  cor- 
poration to  be  annexed  approve  of  the  terms  thereof,  it 
must  by  ordinance  so  declare,  and  thereupon  submit  the 
question  of  annexation  to  the  electors  of  the  respective 
cities  or  towns.  If  a  majority  of  the  electors  vote  in 
favor  of  annexation,  the  Council  must  so  declare,  and  a 
certified  copy  of  the  proceedings  for  annexation  and  of 
the  ordinaces  must  be  filed  with  the  Clerk  of  the  county 
in  which  the  cities  or  towns  so  annexed  are  situated,  and 
when   so   filed   the   annexation   is   complete,   and   the   city  _ 

,  .    ,       ,  .  .  ',  .       Effect    of 

or  town  to  which  the  annexation  is  made  has  power,  in  annexation. 

addition  to  other  powers  conferred  by  this  title,  to  pass 

all   necessary   ordinances   to    carry   into    effect   the   terms 

of   the   annexation.      Such    annexations    do    not    affect    or 

impair  any   rights,  obligations   or  liabilities   then   existing 

for  or  against  either  such  cities  or  towns. 


18g  ELECTION  LAWS 

Free   Public    Libraries. 

(Sections   refer  to   Revised   Codes  of    1907;   Sections   in 
brackets   refer   to    Codes    of    1895.) 

Section  3488.    The    Council    May    Establish    a    Free    Public    Li- 
brary. 

3489.  Question  Submitted  to  Electors— and  Election. 

3490.  Library    Establishbed. 

Sec.  3488.  (Sec.  5039.)  The  Council  May  Establish  a 
Free  Public  Library. — ^The  Council  has  power  to  estab- 
lish and  maintain  a  free  public  library,  and  for  that  pur- 
pose may  provide  by  ordinance  for  a  tax  as  follows : 
In  a  city  or  town  having  assessed  valuation  of  one  million 
dollars  or  more,  a  tax  not  exceeding  two  mills  on  the 
dollar  on  the  property  may  be  levied.  In  a  city  or  town 
having  an  assessed  valuation  o.f  less  than  one  million 
Limit  of  tax.  dollars  and  more  than  seven  hundred  and  fifty  thousand 

dollars,  a  tax  not  exceeding  two  and  one-half  mills  on 
the  dollar  on  the  property  may  be  levied.  In  a  city  or 
town  having  an  assessed  valuation  of  less  than  seven 
hundred  and  fifty  thousand  dollars,  a  tax  not  exceeding 
three  mills  on  the  dollar  on  the  property  may  be  levied. 
The  tax  so  levied  and  collected  constitutes  a  fund  known 
as  the  "library  funds,"  and  must  be  expended  only  for 
the  purchase  of  books  and  other  things  necessary  for  a 
library,  and  the  support  and  mainteance  thereof.  Provided, 
that  no  increase  over  the  present  authorized  levy  shall 
be  made  until  the  question  of  such  increase  has  first 
been  submitted  to  a  vote  of  the  taxpayers  affected  thereby. 

Sec.  3489.  (Sec.  5040.)  Question  Submitted  to  Electors, 
and  Election. — Before  any  such  ordinance  is  passed  the 
Council  must  submit  to  the  qualified  electors  of  the  city 
Form  of  ballot.  qj.  ^^^^  ^^  ^^^  election  the  question.  At  such  election 
the  ballots  must  have  printed  or  written  thereon  the 
words,  "Public  Library,  Yes" ;  ''Public  Library,  No" ;  and 
in  voting  the  elector  must  make  a  cross  thus,  "X,"  oppo- 
site the  answer  for  which  he  intends  to  vote. 

Sec.  3490.  (Sec.  5041.)  Library  Established. — If  the 
Question,  when  to  majority  of  the  votes  cast  at  such  election  is  in  favor 
be    submitted.  of  the  establishment  of  a  public  library,  then  such  library 

must  be  established  as  above  provided.  Such  question 
may  be  submitted  at  the  annual  or  at  any  special  election 
held  in  such  city  or  town,  and  must  be  submitted  at 
any  such  election  on  the  petition  of  one  hundred  or  more 
inhabitants  of  such  city  or  town. 


STATE    OF   MONTANA  189 


Officers    and    Elections. 

(Sections  refer  to  Revised   Codes  of   1907;   Sections   in 

brackets    refer   to   Codes    of    1895.) 

Section  3216.     Officers  of  the   City   of  the  First   Class. 

3217.  Officers   of   City   of   Second   and   Third   Classes. 

3218.  Officers   of    Towns. 

3222.  City  or  Town  to  be   Divided  in  Wards. 

3223.  How   Divided  and    Change  of   Boundaries. 

3224.  Annual   Election   of   Cities   and  Towns    and   Terms 

of   Office. 

3225.  Qualification    of    Mayor. 

3226.  Terms  of  Aldermen — How  Decided. 

3227.  Terms— When  to  Begin. 

3228.  Who  Eligible. 

3229.  Qualifications  of  Aldermen. 

3230.  Registration    of    Electors. 

3231.  Qualifications    of   Electors. 

3232.  Judges    and    Clerks    of    Elections— Voting    Places- 

Election    Precincts. 

3233.  Canvass — When   and   How    Made. 

3234.  Oath    and    Bonds— Vacancy. 

3235.  When  Duties  of  Office  Begin. 

3236.  Vacancies- How  Filled. 

Sec.  3216.     (Sec.  4740.)      Officers  of  Oity  of  the   First 
Class. — The  officers  of  a  city  of  the  first  class  consist  of  Officers,    elected 

,  ^  .  ,  ,  .  ,  ,  T-.    1 .         and    appointed. 

one  Mayor,  two  Aldermen  from  each  ward,  one  Police 
Judge,  one  City  Treasurer,  who  may  be  ex-officio  Tax 
Collector,  who  must  be  elected' by  the  qualified  electors 
of  the  city  as  hereinafter  provided.  There  may  also  be 
appointed  by  the  Mayor,  with  the  advice  and  consent  of 
the  Council,  one  City  Attorney,  one  City  Clerk,  one  Chief 
of  Police,  one  Assessor,  one  Street  Commissioner,  one 
City  Jailer,  one  City  Surveyor^  and  whenever  a  paid  fire 
department  is  established  in  such  a  city,  a  Chief  Engi- 
neer and  one  or  more  Assistant  Engineers,  and  any  other 
ofii'cers  necessary  to  carry  out  the  provisions  of  this  title. 
The  City  Council  may  ,by  ordinance  prescribe  the  duties 
of  all  city  officers  and  fix  their  compensation,  subject  to 
the   limitations   contained   in   this   title. 

Sec.  3217.     (Sec.  4741.)     Officers  of  City  of  Second  and 
Third   Classes. — The  officers  of  a  city  of  the   second  and  a^^^ppointed^*^ 
third   classes   consist  of  one  Mayor,  two  Aldermen   from 
each   ward,   one    Police   Judge,   one    City   Treasurer,   who 


190  ELECTION  LAWS 

may  be  ex-officio  Tax  Collector,  who  must  be  elected  by 
the  qualified  electors  of  the  city  as  hereinafter  provided. 
There  may  also  be  appointed  by  the  Mayor,  with  the 
advice  and  consent  of  the  Council,  one  City  Clerk,  who 
is  ex-officio  City  Assessor,  one  Chief  of  Police,  one  City 
Attorney,  and  any  other  officer  necessary  to  carry  out 
the  provisions  of  this  title.  The  City  Council  may  pre- 
scribe the  duties  of  all  city  officers,  and  fix  their  com- 
pensation, subject  to  the  limitations  contained  in  this 
title. 

Sec.  3218.  (Sec.  4742.)  Officers  of  Towns. — The  offi- 
cers of  a  town  consist  of  one  Mayor,  and  two  Aldermen 
from  each  ward,  who  must  be  elected  by  the  qualified 
electors  of  the  town  as  hereinafter  provided.  There  may 
Officers,  elected  be  appointed  by  the  Mayor,  with  the  advice  and  consent 
of  the  Council,  one  Clerk,  who  may  be  ex-officio  Assessor 
and  a  meml)er  of  the  Council,  and  one  Treasurer,  who 
may  be  ex-officio  Tax  Collector,  and  one  Marshal,  who 
may  be  ex-officio  Street  Commissioner,  and  any  other 
offiicers  necessary  to  carry  out  the  provisions  of  this  title. 
The  Town  Council  may  prescribe  the  duties  of  all  town 
officers,  and  fix  their  compensation,  subject  to  the  limita- 
tions  contained   in  this   title. 

Sec.  3222.  (Sec.  4746.)  City  or  Town  to  Be  Divided 
Into  Wards. — The  first  City  or  Town  Council  elected 
under  the  provisions  of  this  title  must  divide  the  city  or 
town  into  wards  for  election  and  other  purposes,  having  re- 
gard to  population  so  as  to  make  them  as  nearly  equal 
as  possible. 

Sec.  3223.  (Sec.  4747.)  How  Divided,  and  Change  of 
Boundaries. — Cities  of  the  first  class  must  be  divided  into 
not  less  than  four  nor  more  than  ten  wards;  cities  of 
the  second  class  into  not  less  than  three  nor  more  than 
six,  and  cities  of  the  third  class  into  not  less  than  two 
nor  more  than  four  wards,  and  towns  into  not  less  than 
two  nor  more  than  three  wards.  All  changes  in  the  num- 
ber and  boundaries  of  wards  must  be  made  by  ordinance, 
and  no  new  ward  must  be  created  unless  there  shall  be 
within  its  boundaries  one  hundred  and  fifty  electors,  or 
more.     (Approved  March  4,   1909;  Laws   1909,  Chap.  74.) 


STATE  OF  MONTANA  191 

Sec.  3224.  (Sec.  4748.)  Annual  Election  of  Cities  and 
Towns — Terms  of  Office. — On  the  first  Monday  of  April 
of  each  year  a  municipal  election  must  be  held,  at  which 
the  qualified  electors  of  each  town  or  city  must  elect  a 
Mayor,  and  one  Alderman  from  each  ward,  to  be  voted  ^«*°^"  ^1^°*®^- 
for  by  the  wards  they  respectively  represent;  the  Mayor 
to  hold  office  for  two  years  and  until  the  qualification 
of  this  successor;  and  each  Alderman  so  elected  to  hold 
office  for  a  term  of  two  years  and  until  the  qualification 
of  his  successor,  and  also  in  cities  of  the  first,  second  and 
third  class,  a  Police.  Judge  and  a  City  Treasurer,  who 
hold  office  for  a  term  of  two  years  and  until  the  qualifi- 
cation of  their  successors. 

Sec.  3225.  (Sec.  4749.)  Qualification  of  Mayor. — No 
person  shall  be  eligible  to  the  office  of  Mayor  unless  he 
shall  be  at  least  twenty-five  years  old  and  a  tax-paying 
free  holder  within  the  limits  of  the  city  and  a  resident 
of  the  State  for  at  least  three  years,  and  a  resident  of  the  • 
city  for  which  he  may  be  elected  Mayor  two  years  next 
preceding  his  election  to  said  office,  and  shall  reside  in 
the  city  or  town  for  which  he  shall  be  elected  Mayor 
during  his  term  of  office. 

Sec.  3226.  (Sec.  4750.)  Terms  of  Aldermen,  How 
Decided. — At  the  first  annual  election  held  after  the  or- 
ganization of  a  city  or  town  under  this  title,  the  electors 
of  such  city  or  town  must  elect  two  aldermen  from  each 
ward,  who  must,  at  the  first  meeting  of  the  Council, 
decide  by  lot  their  terms  of  offilcc^  one  from  each  ward 
to  hold  for  a  term  of  two  years,  and  one  for  the  term 
of  one  year,  and  until  the  qualification  of  their  successors. 

Sec.  3227.  (Sec.  4751.)  Terms,  When  to  Begin. — The 
terms  of  all  officers  elected  at  a  municipal  election  are 
to  commence  on  the  first  Monday  in  May  after  such 
election. 

Sec.  3228.  (Sec.  4752.)  Who  Eligible. — No  person  is 
eligible  to  any  municipal  office,  elective  or  appointive, 
who  is  not  a  citizen  of  the  United  States,  and  who  has 
not  resided  in  the  town  or  city  for  at  least  two  years 
immediately  preceding  his  election  or  appointment,  and 
is   not  a  qualified   elector  thereof. 


192  ELECTION  LAWS 

Sec.  3229.     (Sec.  4753.)     Qualifications  of  Aldermen. — 

No  person  shall  be  eligible  to  the  office  of  Alderman 
unless  he  shall  be  a  tax-paying  freeholder  within  the 
limits  of  a  city  and  a  resident  of  the  ward  so  electing 
him,  for  at  least  one  year  preceding  such   election. 

Sec.  3230.  (Sec.  4754.)  Registration  of  Electors. — The 
Council  must  provide  by  ordinance  for  the  registration 
of  electO'rs  in  any  city  or  town,  and  may  prohibit  any 
person  from  voting  at  any  election  unless  he  has  been 
registered;  but  such  ordinance  must  not  be  in  conflict 
with  the  general  law  providing  for  the  registration  of 
electors  and  must  not  change  the  qualification  of  electors 
except  as  in  this  title  provided. 

Sec.  3231.  (Sec.  4755.)  Qualification  of  Electors. — All 
qualified  electors  of  the  State  who  have  resided  in  the 
city  or  town  for  six  months  and  in  the  ward  for  thirty 
days  next  preceding  the  election  are  entitled  to  vote  at 
any  municipal  election. 

Sec.  3232.  Judges  and  Clerks  of  Election — Voting 
Places — Election  Precincts. — The  Council  must  appoint 
judges  and  clerk  of  election  and  places  of  voting.  There 
must  be  at  least  one  place  of  voting  in  each  ward,  and 
there  may  be  as  many  more  as  the  Council  by  ordinance 
shall  fix,  and  the  elector  must  vote  in  the  ward  in  which 
he  resides.  The  election  precincts  in  a  city  or  town  must 
correspond  with  wards,  but  a  ward  may  be  subdivided 
into  several  voting  precincts,  and  when  so  divided  the 
elector  shall  vote  in  the  precinct  in  which  he  resides,  and 
all  elections  must  be  conducted  according  to  the  general 
laws  of  the  State.  In  all  cities  where  voting  machines 
are  used,  the  City  Council  must  subdivide  the  wards  into 
such  number  of  voting  precincts  that  there  will  be  no 
more  than  six  hundred  votes  in  each  precinct.  (Act 
approved  March  3,  1909;  Laws  1909,  Chap.  59.) 

Sec.    3233.      (Sec.    4757.)      Canvass,    When    and    How 

Made. — On    Monday    following    any    election    the    council 

must  convene  and  publicly  canvass  the  result,   and  issue 

^^  cretificates  of  election  to  each  person  elected  by  a  plurality 

procedure.  of  votes.     When  two  or  more  persons  have   received   an 

equal   and   highest  number   of  votes    for   any   one    of  the 


STATE   OF   MONTANA  193 


offices  voted  for,  the  Council  must  thereafter  at  its  first 
regular  meeting  decide  by  vote  between  the  parties  which 
is  elected.  If  the  Council  from  any  cause  fails  to  meet 
on  the  day  named  the  Mayor  must  call  a  special  meeting 
of  the  Council  within  five  days  thereafter,  and,  in  addition 
to  the  notice  provided  for  Calling  special  meetings,  must 
publish  the  same  on  two  successive  days  in  some  news- 
paper published  in  such  city  or  town.  If  the  Mayor  fails 
to  call  said  meeting  within  said  five  days,  any  three  coun- 
cilmen  may  call  it.  At  such  special  meetings  all  elections, 
appointments,  or  other  business  may  be  transacted  that 
could  have  been  on  the  day  first  herein  named. 

Sec.  3234.  (Sec.  4758.)  Oath  and  Bonds — Vacancy. — 
Each  officer  of  a  city  or  town  must  take  the  oath  of  office, 
and  such  as  may  be  required  to  give  bonds,  file  the 
same,  duly  approved,  within  ten  days  after  receiving  notice 
of  his  election  or  appointment ;  or,  if  no  notice  be  re- 
ceived, then  on  or  before  the  date  fixed  for  the  assump- 
tion by  him  of  the  duties  of  the  office  to  which  he  may 
have  been  elected  or  appointed ;  but  if  anyone,  either 
elected  or  appointed  to  office,  fails  for  ten  days  to  qualify 
as  required  by  law,  or  enter  upon  his  duties  at  the  time 
fixed  by  law,  then  such  office  becomes  vacant;  ur  if  any 
offi'cer  absents  himself  from  the  city  or  town  contmuously 
for  ten  days  without  the  consent  of  the  Council,  or  openly 
neglects  or  refuses  to  discharge  his  duties,  such  office 
may  be  by  the  Council  declared  vacant;  or  if  any  officer 
removes  from  the  city  or  town,  or  any  Alderman  from 
his  ward,  such  office  must  be  by  the  Council  declared 
vacant. 

Sec.  3235.  (Sec.  4759.)  When  Duties  of  Office  Begin.—- 
The  officers  elected  enter  upon  their  duties  the  first  Mon- 
day of  May  succeeding  their  election,  and  officers  ap- 
pointed by  the  Mayor,  with  the  advice  and  consent  of 
the  Council,  within  ten  days  after  receiving  notice  of  their 
appointment. 

Sec.  3236.  (Sec.  4760.)  Vacancies,  How  Filled. — When 
any  vacancy  occurs  in  any  elective  office,  the  Council, 
by  a  majority  vote  of  the  members,  may  fill  the  same 
for  the  unexpired  term  and  until  the  qualification  of  the 
successor.     A  vacancy  in  the  office  of  Alderman  must  be 


194  ELECTION  LAWS 


filled  from  the  ward  in  which  the  vacancy  exists,  but 
if  the  Council  shall  fai-l  to  fill  such  vacancy  before  the  time 
for  the  next  election  the  qualified  electors  of  such  city  or 
ward  may  nominate  and  elect  a  successor  to  such  ofifi,ce. 
The  Council,  upon  written  charges  to  be  entered  upon 
their  journal,  after  notice  to  'the  party  and  after  trial  by 
the  Council,  by  vote  of  two-thirds  of  all  the  members 
elect,  may  remove  any  officer. 


STATE   OF  MONTANA         ^  19! 


Indebtedness    of    Cities    or   Towns — Bonds. 
Constitution — Article    XIII. 

Sec.  6.  No  city,  town,  township  or  school  district  shall 
be  allowed  to  become  indebted  in  any  manner  or  for 
any  purpose  to  an  amount,  including  existing  indebtedness, 
in  the  aggregate  exceeding  three  per  centum  of  the  value 
of  the  taxable  property  therein,  to  be  ascertained  by  the 
last  assessment  for  the  State  and  county  taxes  previous 
to  the  incurring  of  such  indebtedness,  and  all  bonds  or 
obligations  in  excess  of  such  amount  given  by,  or  on 
behalf  of,  such  city,  town,  township  or  school  district 
shall  be  void;  Provided,  however,  that  the  Legislative 
Assembly  may  extend  the  limit  mentioned  in  this  section 
by  authorizing  municipal  corporations  to  submit  the  ques- 
tion to  a  vote  of  the  taxpayers  affected  thereby,  when  such 
increase  is  necessary  to  construct  a  sewerage  system  or 
to  procure  a  supply  of  water  for  such  municipality  which 
shall  own  and  control  said  water  supply  and  devote  the 
revenues   derived   therefrom   to   the   payment  of  the   debt. 


Code    Provisions. 

(Sections    refer    to    Revised    Codes    of    1907.) 
Section  3454.     Creation'     of     Inidebtedness — Submission     to     Tax- 
payers. 
3I55.     Notice  of  Election — Ballots — Registration  of  Voters. 

Sec.  3454.  Creation  of  Indebtedness — Submission  to 
Taxpayers. — ^Whenever  the  Council  of  any  city  or  town, 
having  a  corporate  existence  in  this  State,  or  hereafter 
organized  under  the  provisions  of  this  title,  shall  deem 
it  necessary  to  borrow  imoney  or  contract  indebtedness 
under  its  powers,  as  set  forth  in  Subdivision  64  of  Section 
3259  (4800)  of  the  Political  Code,  or  amendments  thereto, 
the  question  of  issuing  bonds  or  contracting  such  in- 
debtedness shall  first  be  submitted  to  the  qualified  electors 
of  such  city  or  town  in  the  manner  hereinafter  set  forth ; 
Provided,  that  taxpayers  only,  as  defined  by  Sections  468 
(1187)  ^^^  469  (1188)  of  the  Political  Code,  shall  be 
entitled  to  vote  on  questions  concerning  the  construction, 
purchase  or  securing  of  a  water  plant,  water  system,  water 
supply,  or  sewerage  system. 


1 90  ELECTION  LAWiS 

How  t.)  conduct  Cgc    lACc.     Noticc  of  Election — Ballots — Registration  of 

clf-ption.  OT^u  ^  ^ 

Voters. — Notice  of  such  election  must  be  published  for  a 
period  of  not  less  than  three  weeks  in  some  newspaper  pub- 
lished in  the  city  or  town,  if  there  be  one,  and  if  not  then  in 
the  newspaper  published  at  a  point  in  the  State  nearest  to 
the  city  or  town,  and  such  notice  must  be  posted  in  not  less 
than  three  public  places  in  the  city  or  town.  The  notice 
must  state  the  time  and  place  of  holding  the  election, 
the  amount  and  character  of  the  bonds  proposed  to  be 
issued  and  the  particular  purpose  therefor.  At  such  elec- 
tion the  ballots  must  contain  the  words,  "Bonds,  Yes" ; 
"Bonds,  No";  and  in  voting  the  elector  must  make  a 
cross  thus,  "X,"  opposite  the  answer  for  which  he  intends 
to  vote.  Such  election  must  be  conducted  and  canvassed 
and  the  returns  made  in  the  same  manner  as  other  city 
or  town  elections.  The  Council  may  provide  by  ordinance 
for  the  registration  of  the  taxpayers  or  qualified  electors 
of  such  city  or  town,  and  no  person  shall  be  entitled  to 
register  or  vote  at  such  election  who  is  not  a  taxpayer 
or  qualified   elector  as   hereinbefore   set  forth. 

(Sections   3456-3464  following,   not   having  any  bearing 
upon  proceedings  relative  to  election  matters,  are  omitted.) 


STATE   OP  MONTANA  197 


BONDING     FIRE      DISTRICTS      IN      UNINCORPO- 
RATED   CITIES    AND    TOWNS. 

(Act  approved  March  6,  191 1;  Laws  191 1,  Chap.  107.) 
Section      1.     Fire    Districts    in    Unincorporated  Cities  and  Towns. 

2.  Manner  of   Holding  Election — Form   of   Ballot. 

3.  Notice    of    Sale   of   Bonds    and    Publication    Thereof. 

4.  Faith   of   the   District   Pledged. 

5.  Tax   (to    be    Levied — Collection   of. 

6.  County    Commissioners    to    Levy    the    Tax — When — 

Amount   of    Tax. 

7.  Notice   to    be   Given   by    County   Treasurer   to   Bond- 

holders   That   he  Will   Redeem   Bonds. 

8.  Payment  of  Interest  by  County  Treasurer. 

9.  Printing   of    Bonds    and    Coupons. 

10.     Felony  for  Any  Fire  District  to  Fail   or  Refuse   to 

Pay  Any   Proceeds  of   Sale  of   Bonds   Into  the 
County  Treasury. 

Sec.  I.  The  Board  of  Directors  of  any  duly  organized 
fire  district  in  unincorporated  cities  or  towns  within  this 
state,  shall,  whenever  a  majority  of  the  Directors  so  de-  Nature  of  bonds. 
cide,  submit  to  the  electors  of  the  district  the  question 
whether  the  board  shall  be  authorized  to  issue  coupon 
bonds  to  a  certain  amount,  not  to  exceed  three  per  cent 
of  the  taxable  property  in  said  district,  and  bearing  a 
certain  rate  of  interest  not  exceeding  six  per  cent  per 
annum,  and  payable  and  redeemable  at  a  certain  time, 
for  the  purpose  of  purchasing  fire  equipment,  necessary 
lands,  erecting  buildings  for  fire  purposes  and  establishing 
pipe  lines.  No  such  bonds  shall  be  issued  unless  a  ma- 
jority of  all  the  votes  cast  at  any  such  election  shall 
be  cast  in  favor  of  such  issue. 

Sec.  2.     Such  election  shall  be  held  in  the  manner  pre-  Manner  of  holding 
scribed    for    the    election    of    fire    directors.      The    ballots  ®^®*'"°^- 
shall  be  in   form  as  follows : 

"Shall  bonds  be  issued  and  sold  to  the  amount  of Form  of  ballot. 

dollars  and  bearing  not  to  exceed   %  interest  and 

for  a  period  not  to  exceed   years,  for  the  purpose 

of   purchasing    fire    equipment,    necessary    lands,    erecting 
buildings    for    fire    purposes,    and    establishing    pipe    line? 
''Bonds,    Yes. 
"Bonds,    No." 

The    elector    shall    prepare    his    ballot   by    crossing    out 


198 


ELECTION   LAWS 


Registration   of 
bonds. 


Sale  of  bonds. 


District 
corporate 


a     body' 


thereon  parts  of  the  ballot  in  such  a  manner  that  the 
remaining  part  shall  express  his  vote  upon  the  question 
submitted.  If  a  majority  of  the  votes  cast  at  such  elec- 
tion are  "Bonds,  Yes,"  the  Board  of  Directors  shall  issue 
such  bonds  in  such  form  as  the  board  may  direct,  and 
they  shall  bear  the  signature  of  the  President  of  the 
Board  of  Directors,  and  shall  be  signed  by  the  Secretary 
of  the  said  fire  district;  and  the  coupons  attached  to  the 
bonds  shall  be  signed  by  the  said  President  and  Secretary ; 
Provided,  a  lithographic  or  engraved  facsimile  of  the  signa- 
ture of  the  President  and  Secretary  may  be  affixed  to  cou- 
pons only,  when  so  recited  in  the  bonds,  and  the  corporate 
seal  of  the  fire  district  shall  be  attached  to  each  of  the  bonds  ; 
and  each  bond  so  issued  shall  be  registered  by  the  County 
Treasurer  in  a  book  provided  for  that  purpose,  which 
shall  show  the  number  and  amount  of  each  bond  and 
the  person  to  whom  the  same  is  issued  or  sold ;  and  the 
said  bonds  shall  be  sold  by  the  Fire  Directors  as  herein- 
after provided. 

Sec.  3.  The  Fire  Directors  shall  give  notice  by  ad- 
vertisement in  some  newspaper  published  in  this  State, 
for  a  period  of  not  less  than  four  weeks,  to  the  effect 
that  the  said  Fire  Directors  will  sell  said  bonds  (briefly 
describing  the  same)  and  stating  the  time  when  and  place 
where  such  sale  will  take  place;  Provided,  that  the  said 
bonds  shall  not  be  sold  for  less  than  their  par  value,  and 
that  the  said  Directors  are  authorized  to  reject  any  bids, 
and  to  sell  said  bonds  at  private  sale,  if  they  deem  it  for 
the  best  interest  of  the  district;  and  all  moneys  arising 
from  the  sale  of  said  bonds  shall  be  paid  forthwith  into 
the  treasury  of  the  county  in  which  such  district  may 
be  located,  to  the  credit  of  said  district,  and  the  same 
shall  immediately  be  available  for  the  purpose  authorized 
by  this  title;  Provided,  that  no  such  bonds  shall  be  de- 
livered by  the  Board  of  Directors  unless  the  moneys 
therefor   have    been   paid    into    the    county    treasury. 

Sec.  4.  The  faith  of  each  fire  district  is  solemnly  pledged 
for  the  payment  of  the  interest  and  redemption  of  the 
principal  of  the  bonds  which  shall  be  issued  under  the 
provisions  of  this  title.  And  for  the  purpose  of  enforcing 
the  provisions   of  this   title,   each   fire   district   shall   be   a 


STATE   OF   MONTANA  199 

body  corporate,  which  may  sue  and  be  sued  by  or  in  the 
name  of  the  Board  of  Fire  Directors  of  such  district. 

Sec.  5.  The  Fire  Directors  of  each  district  shall  ascer- 
tain and  levy  annually  the  tax  necessary  to  pay  the  in-  r^-g^^j.  j^^y^ 
terest  when  it  becomes  due  and  a  sinking  fund  to  redeem 
the  bonds  at  their  maturity;  and  said  tax  shall  become 
a  lien  upon  the  property  in  said  fire  district,  and  be  col- 
lected in  the  same  manner  as  other  taxes  for  fire  purposes. 

Sec.  6.  The  County  Commissioners,  at  the  time  of 
making  the  levy  of  taxes  for  county  purposes,  must  levy 
a  tax  for  that  year  upon  the  taxable  property  in  such 
district,  for  the  interest  and  redemption  of  said  bonds,  Duty  of  county 
and  such  tax  must  not  be  less  than  sufficient  to  pay  the  commissioners, 
interest  of  said  bonds  for  that  year,  and  such  portion 
of  the  principal  as  is  to  become  due  during  such  year, 
and  in  any  event  must  be  high  enough  to  raise,  annually, 
for  the  first  half  of  the  term  said  bonds  have  to  run,  a 
sufficient  sum  to  pay  the  interest  thereon ;  and  during  the 
balance  of  the  term,,  high  enough  to  pay  such  annual 
interest,  and  to  pay  annually  a  portion  of  the  principal 
of  said  bonds  equal  to  a  sum  produced  by  taking  the 
whole  amount  of  said  bonds  outstanding  and  divide  it  by 
the  number  of  years  said  bonds  have  to  run;  and  all 
money  so  levied  when  collected  must  be  paid  into  the 
county  treasury  to  the  credit  of  such  district,  kept  in  a 
separate  fund  and  be  used  for  the  payment  of  principal 
and   interest  on  said  bonds,   and  for  no  other   purpose. 

(a)  Provided,  That  the  board  may  with  the  surplus  of  ^. 

.  -'  ^  Disposition      of 

such  smkmg  fund,  when  the  same  shall  be  one  thousand  surplus  sinking 

fund. 

dollars  or  more,  purchase  any  of  the  outstanding  bonds 
issued  by  the  board.  Such  purchase  shall  be  made  at 
the  lowest  price  such  bonds  can  be  purchased  at,  but 
at  no  more  than  par  value  of  such  bonds ;  and  whenever 
there  shall  be  such  a  surplus  of  sinking  fund  amounting 
to  the  sum  of  one  thousand  dollars,  the  board  shall  pur- 
chase therewith  like  bonds  on  the  same  terms  and  con- 
ditions as   hereinbefore  specified. 

(b)  If  for  any  reason  such  bonds  cannot  be  purchased 
as  'hereinbefore  specified,  suc'h  sinking  fund  shall  be  in- 
vested by  the  Treasurer  under  the  direction  of  the  Board  s?n'kfn?Tund!'^       ' 


200 


ELECTION  LAWS 

of  Directors,  at  such  times  as   the  board   shall   direct,   in 
the    interest-bearing   bonds    of    the    United    States    or    of 
the   State   of   Montana,   which    shall   be   purchased   at   the 
*  lowest  market  price.     Interest  accruing  upon  such  bonds 

shall  be  invested  in  the  same  manner  and  for  the  same 
purpose  as  sinking  fund.  Such  bonds  shall  be  held  by 
the  Treasurer  until  the  principal  of  any  bonds  issued  by 
the  Board  of  Directors  shall  become  due,  and  shall  be 
sold  at  the  highest  market  price,  and  the  proceeds  applied 
to  the  payment  of  bonds;  Provided  further,  That  if  at 
any  time  the  board  s'hall  deem  it  best,  it  shall  be  lawful 
to  sell  such  bonds  for  the  purpose  of  purchasing  the 
bonds  issued  by  such  board;  but  all  such  sales  shall  be 
at  the  highest  market  price,  and  the  bonds  of  the  board 
purchased  with  the  proceeds  of  such  sale  shall  be  pur- 
chased at  the  lowest  price  they  can  be  obtained  for,  and 
not  above  the  par  value  of  such  bonds ;  Provided  further, 
That  the  bonds  first  maturing  shallbe  purchased,  if  they 
can  be  purchased,  on  terms  as  favorable  to  the  board  as 
others  offered  for  sale  to  the  said  board.  All  bonds  of 
the  said  board  purchased  under  the  authority  hereby 
given,  or  paid  by  the  board,  shall  be  forthwith  canceled 
as   provided   in  the   next   succeeding  section. 

Sec.  7.  When  the  sum  in  said  sinking  fund  shall  equal 
bonds"^^^°"  ^^  °^  excede  the  amount  of  any  bond  then  due,  the  County 
Treasurer  shall  give  notice  to  each  bond  holder,  if  known 
to  him,  and  shall  post  in  his  office  a  notice  that  he  will, 
within  thirty  days  from  the  date  of  such  notice,  redeem 
the  bonds  then  payable,  giving  the  numbers  thereof,  and 
preference  shall  be  given  to  the  oldest  issue ;  and  if  at 
the  expiration  of  the  said  thirty  days  the  holder  or  holders 
of  said  bonds  shall  fail  or  neglect  to  present  the  same  for 
payment,  interest  thereon  shall  cease ;  but  the  treasurer 
shall  at  all  times  thereafter  be  ready  to  redeem  the  same 
on  presentation,  and  when  any  bonds  shall  be  so  purchased 
or  redeemed,  the  County  Treasurer  shall  cancel  all  bonds 
so  purchased  and  redeemed  by  writing  across  the  face 
of  such  bond  or  bonds  in  red  ink  the  word  "Redeemed" 
and  the  date  of  such  redemption ;  Provided,  That  when- 
ever in  the  judgment  of  the  Board  of  Fire  Directors  and 
prior   to   the   redemption    of   said   bonds    said   board    shall 


Interest. 


STATE    OF   MONTANA  201 

deem  it  advisable  and  for  the  best  interests  of  the  fire 
district  to  invest  said  sinking  fund  or  any  part  thereof, 
the  board  may  by  an  order  entered  upon  their  minutes 
direct  and  requiic  the  County  Treasurer  to  invest  said 
sinking  fund  or  any  part  thereof  in  State  or  county  bonds 
or  warrants  until   such  redeemable   period. 

Sec.  8.  The  County  Treasurer  shall  pay  out  of  any 
moneys  belonging  to  a  fire  district  the  interest  upon  any 
bonds  issued  under  this  title  by  such  district  when  the 
same  shall  become  due,  upon  the  presentation  at  his  office 
of  the  proper  coupon  which  shall  show  the  amount  due, 
and  the  number  of  the  bond  to  which  it  belonged;  and 
all  coupons  so  paid  shall  be  reported  to  the  Fire  Directors 
at  their  first  meeting  thereafter. 

Sec.  9.     The   Fire  Directors  of  any  district  ^hall   cause 
to  be  printed  or  lithographed,  at  the  lowest  rates,  suitable 
bonds,   with  the   coupons  attached,   when   the   same   shall  and  "coupons, 
become   necessary,   and   pay   therefor  out   of   any   moneys 
in  the   county  treasury   to  the  credit  of  said   fire   district. 

Sec.    10.     If  any   of   the   Fire   Directors   of   any   district 
shall  fail  or  refuse  to  pay  into  the  proper  county  treasury  violation    of    pro 
the  money  arising  from  the  sale  of  any  bonds  provided  for  ors!°"feiony.    ^^^^ 
by   this    title,   they   shall   be    deemed    guilty   of    a    felony, 
and    upon    conviction    thereof    shall    be    punished    by    im- 
prisonment   in   the   State   penitentiary   for   a   term   of   not  • 
less  than  ui  e  year  nor  more  than  ten  years. 

Sec.  II.  All  acts  and  parts  of  acts  in  conflict  herewith 
are   hereby   repealed. 

Sec.  12.  This  act  shall  be  in  full  force  and  effect  from 
and   after   its   passage   and   approval. 


Printing    of    bonds 


STATE   OP   MONTANA  203 


INITIATIVE   AND    REFERENDUM   IN    CITIES 
AND    TOWNS. 

(Sections  refer  to  Revised  Codes  of  1907.    Act  approved 
March  8,   1907;  Laws   1907,   Chapter   167.) 
Section  3266.     Ordinances — How  Initiated. 

3267.  Submission    to    Electors. 

3268.  Ordinance  Effective — When. 

3269.  Referendum    Petition. 

3270.  Submission    to    Electors. 

3271.  Special   Election   May   be   Called. 

3272.  Proclamation    of    Election. 

3273.  Election    Procedujre. 

3274.  Qualifications    of    Electors. 

3275.  Laws    Applicable    to    Election. 

3276.  Act   Not   Applicable   to   What. 

Sec.  3266.  Ordinances  may  be  proposed  by  legal 
voters  of  any  city  or  town  in  this  State  in  ine  manner 
provided   in   this   act,   ei2:ht   per   cent  of  the   legal   voters  O"    petition    of 

°  ^  °  voters. 

of  any  city  or  town  may  propose  to  the  City  or  Town 
Council  an  ordinance  on  any  subject  within  the  legislative 
jurisdiction  and  powers  of  such  City  or  Town  Council 
or  an  ordinance  amending  or  repealing  any  prior  ordi- 
nance or  ordinances.  Such  petition  shall  be  filed  with 
the  City  or  Town  Clerk.  It  shall  be  the  duty  of  the 
City  or  Town  Clerk  to  present  the  same  to  the  Council 
at  their  first  meeting  next  following  the  filing  of  the 
petition.  The  Council  may,  within  sixty  days  after  the  ^n^p°eution  ^^^^^^^ 
presentation  of  the  petition  to  the  Council,  pass  an  ordi- 
nance similar  to  that  proposed  in  the  petition,  either  in 
exact  terms  or  with  such  changes,  amendments  or  modi- 
fications as  the  Council  may  decide  upon.  If  the  ordi- 
nance proposed  by  the  petition  be  passed  without  change 
it  shall  not  be  'submitted  to  the  people,  unless  a  petition 
for  referendum  demanding  such  submission  shall  be  filed 
under  the  provisions  of  this  act.  If  the  Council  shall  ^^.^io,^  }„  District 
have  made  any  change  in  the  proposed  ordinance,  a  suit  ^ourt,  when, 
may  -be  brought  in  the  District  Court  in  and  for  the 
county  in  which  the  city  or  town  is  situated,  to  determine 
whether  or  not  the  change  is  material.  Such  suit  may 
be  brought  in  the  name  of  any  one  or  more  of  the  peti- 
tioners. 


204 


Parties    to    action. 


Complaint. 


Speedy    hearing 


Jurisdiction. 


Decision,    effect. 


ELECTION  LAWS 

The  city  shall  be  made  the  party  defendant.  Any 
elector  of  the  city  or  town  may  appear  in  such  suit  in 
person  or  by  counsel  on  the  hearing  thereof,  but  the 
court  shall  'have  the  power  to  limit  the  number  of  counsel 
who  shall  be  heard  on  either  side  and  the  time  to  be 
allowed  for  arguments.  It  shall  only  be  necessary  to 
state  in  the  complaint  that  a  petition  for  an  ordinance 
was  filed  in  pursuance  of  this  act;  that  the  City  Council 
passed  an  ordinance  on  the  subject  different  from  that 
proposed  in  the  petition,  and  that  the  plaintiff  desires  a 
construction  of  the  ordinance  so  passed  to  determine 
whether  or  not  it  differs  materially  from  that  proposed. 
The  petition  and  the  ordinance  proposed  thereby,  and  the 
ordinance  actually  passed,  may  be  set  out  in  the  com- 
plaint, or  copies  thereof  annexed  to  the  complaint.  The 
names  to  the  petition  need  not  be  set  out.  Such  cases 
shall  be  advanced  and  brought  to  hearing  as  'Speedily 
as  possible  and  have  precedence  over  other  cases,  except 
criminal  and  taxation  cases.  The  court  shall  have  juris- 
diction in  such  cases  to  determine  whether  or  not  the 
change  made  by  the  City  Council  is  material,  and  also 
whether  the  petition  was  regular  in  form  or  substance, 
and  shall  also  have  power  to  decide,  if  the  fact  be  put  in 
issue  by  the  defendant,  whether  or  not  the  petition  was 
signed  by  a  sufficient  number  of  voters  and  was  regular 
in  form.  If  the  court  shall  decide  that  the  change  was 
material,  and  that  the  petition  was  regular  in  form  and 
signed  by  a  sufficient  number  of  legal  voters,  then  the 
ordinance  proposed  by  the  petition  shall  be  submitted 
to  the  people  as  provided  in  this  act.  If  the  court  shall 
decide  that  the  ordinance  passed  by  the  Council  was  not 
materially  different  from  that  proposed  in  the  petition, 
or  that  the  petition  was  not  regular  in  form,  or  not  signed 
by  a  sujfficient  number  of  legal  voters,  the  ordinance  shall 
not  be  submitted  to  the  people.  If  the  court  shall  decide 
that  the  changes  made  by  the  Council  were  material, 
but  that  the  petition  was  irregular  for  some  reason  or  not 
properly  or  sufficiently  signed,  a  new  petition  regular  in 
form  may  be  presented  by  the  required  number  of  legal 
voters  asking  the  Council  to  submit  such  orainance  to 
the  people,  and  thereupon  the  'same  shall  be  so  submitted 


STATE   OF   MONTANA  205 

as  provided  in  this  act.     If  the   Council  shall  not  within  Failure   of 

^  ,  council  to   act 

sixty  days  pass  an  ordinance  on  the  subject  of  the  ordi-  within  6o  days, 
nance   proposed   in   the   petition,   then   the   ordinance   pro- 
posed  by   the   petition   shall   be   submitted  to  the   people.    ,  ,. 

"^  .     .  .  XT      f         Action    may    be 

Before  submitting  such  ordinance  to  the  people,  the  Mayor  brought  by  city, 
or  City  or  Town  Council  imay  direct  that  a  suit  be  brought 
in  the  District  Court  in  and  for  the  county,  in  the  name 
of  the  city  or  town,  to  determine  whether  the  petition 
and  ordinance  are  regular  in  form  and  whether  the  ordi- 
nance so  proposed  would  be  valid  and  constitutional.    The  ^  ,    ^    ^ 

^      ^  Defendants. 

complaint  shall  name  as  defendants  not  less  than  ten  nor 
more  than  twenty  of  the  petitioners.     In  addition  to  the 
names   of   such   defendants,    in   the   caption    to    the   body  Caption, 
of  the   complaint,   there  shall   be   added   the   words,   "and 
all  petitioners  whose  names  appear  on  the  petition  for  an 

ordinance  filed  on   the    days  of    , 

in  the  year    ,"  stating:  the  date  of  the  filing^.     The  ^ 

•^  .  Summons. 

summons  shall  be  similarly  directed  and  shall  be  served 
on  the  defendants  named  therein,  and  in  addition  thereto 
shall   be   published  at  least   once,   at   the   expense   of   the  Publication, 
city,  in   at  least  one  newspaper  published  in   the   city   or 
town.    In  all  suits  brought  under  this  section  the  decision  j^gj^jsjo^   Anal 
of  the  District  Court  shall  be  final,  except  in  cases  where 
it  shall  decide  that  the  proposed  ordinance  would  be  un- 
constitutional  or  invalid  as  being  beyond  the  powers  of  Exception, 
the    City   or   Town   Council,   and   in   such   excepted    cases 
the  petitioners,  or  any  of  them,  may  appeal  to  the  Supreme  Appeal   without 
Court  as  in  other  cases,  but  shall  not  be  required  to  give  ^ond. 
any  bond   for   costs.     The   decision   of  the   District   Court 
holding  such   ordinance   valid   or   constitutional   shall   not, 
however,  prevent  the  question  to  be  raised  subsequently, 
if  the  ordinance   shall   be   passed   and   go    into    eflfect,   by  costs, 
anyone    affected    by    the    ordinance.      No    costs    shall    be 
allowed    to    either    side    in    suits    or    appeal.s    under    this 
section. 

Sec.  3267.    Any  ordinance  proposed  by  petition  as  afore-   shaii  be  voted 
said,  which  shall  be  entitled  to  be  submitted  to  the  people,   eilcu\)n?''^^''  - 
shall  be  voted  on  at  the  next  regular  election  to  be  held 
m    the    city    or    town,    unless    the    petition    therefor    shall 
ask  that  the  same  be  submitted  at  a  special  election  and 
such  petition  be  signed  by  not  less  than  fifteen   per  cent   fr^'ptutfin':"''" 


206 


ELECTION  LAWS 


No   ordinance 
shall    be    effec- 
tive   until    30    days 
after    passage. 

Exceptions. 


Emergency- 
ordinances. 


Referendum 
petition. 


To  be  voted  on 
at  general  elec- 
tion. 


Special    election 
on    petition. 


Special   election    on 
order  of  council  or 
may    submit    at 
general    election. 


of    the    electors    qualified    to    vote    at    the    last   preceding 
municipal   election. 

Sec.  3268.  No  ordinance  or  resolution  passed  by  the 
Council  of  any  city  or  town  shall  become  effective  until 
thirty  days  after  its  passage,  except  'general  appropriation 
ordinances  providing  for  the  ordinary  and  current  expenses 
of  the  city  or  town,  excepting  also  emergency  measures, 
and  in  case  of  emergency  measures  the  emergency  must 
be  expressed  in  the  preamble  or  in  the  body  of  the  m-easure, 
and  the  measure  must  receive  a  two-thirds  vote  of  all  the 
members   elected. 

In  emergency  ordinances  the  resolution  shall  include 
only  such  measures  as  are  immediately  necessary  for  the 
preservation  of  peace,  health  and  safety,  and  shall  not 
include  a  franchise  or  license  to  a  corporation  or  indi- 
vidual, nor  any  provisions  for  the  sale  of  real  estate,  nor 
Tiny  lease  or  letting  of  any  property  for  a  period  exceed- 
ing one  year,  nor  the  purchase  or  sale  of  personal  prop- 
t:rty   exceeding  five   thousand   dollars   in  value. 

Sec.  3269.  During  the  thirty  days  following  the  passage 
of  any  ordinance  or  resolution  five  per  cent  of  the  qualified 
electors  of  the  city  or  town  imay,  by  petition  .addressed 
to  the  Council  and  filed  with  the  Clerk  of  the  city  or 
town,  demand  that  such  ordinance  or  resolution,  or  any 
part  or  parts  thereof,  shall  be  submitted  to  the  electors 
of  the   city   or   town. 

Sec.  3270.  Any  measure  on  which  a  referendum  is  de- 
manded under  the  provisions  of  this  act  shall  be  sub- 
mitted to  the  electors  of  the  city  or  town  at  the  next 
municipal  election,  provided  the  petition  or  petitions  shall 
have  been  filed  with  the  City  Clerk  at  least  thirty  days 
before  such  election.  If  such  petition  or  petitions  be 
signed  by  not  less  than  fifteen  per  cent  of  the  qualified 
electors  of  the  city  or  town,  the  measure  shall  be  sub- 
mitted at  a  special  election  to  be  held  for  the  purpose. 

Sec.  3271.  The  city  or  Town  Council  may  in  any  case 
order  a  special  election  on  a  measure  proposed  by  the 
initiative,  or  when  a  referendum  is  demanded,  or  upon 
any  ordinance  passed  by  the  City  or  Town  Council,  and 


STATE   OF   MONTANA  20' 

may  likewise  submit  to  the  electors  at  a  general  election 
any  ordinance  passed  by  the  City  or  Town  Council. 

Sec.  3272.     Whenever  a  measure  is  ready  for  submission 
to   the   electors,   the   Clerk   of   the   city   or   town    shall,   in   proclamation 
writing,    notify   the    Mayor    thereof,    who    forthwith    shall  S?ayon^'°''  ^"^ 
issue   a   proclamation   setting   forth   the   measure   and   the 
date  of  the  election  or  vote  to  be  had  thereon.     Said  proc- 
lamation shall  be  published  four  days  in  four  consecutive   Publication, 
weeks    in    each    daily    newspaper    in    the    municipality,    if 
there   be  such,  otherwise   in  the   weekly  newspapers   pub- 
lished in  the  city  or  town.     In   case  there  is  no   weekly  Posting, 
newspaper  published,   the   proclamation   and   the   measure 
shall  be  posted  conspicuously  throughout  the  city  or  town. 

Sec.   ^2^2^.     The   question   to   be   balloted   upon   by    the 
electors  shall  be  printed  on  the  initiative   or  referendum  Ballots, 
ballot  and  the  form  shall  be  that  prescribed  by  law   for 
questions  submitted  at  State   elections.     The   referendum 
or  initiative  ballots   shall   be   counted,   canvassed   and   re- 
turned by  the  regular  board  of  judges,  clerks  and  officers, 
as  votes  for  candidates  for  office  are  counted,  canvassed  votes.  ^^ 
and   returned.      The    returns    for   the    question    submitted 
by   the   voters   of   the   municipality   shall  be   on    separate 
sheets  and  returned  to  the  Clerk  of  the  municipality.    The  canvassing   the 
return    shall    be    canvassed    in    the    same    manner    as    the 
returns   of  regular  elections   for   municipal   officers.     The 
Mayor   of   the    municipality    shall    issue    his    proclamation 
as  soon  as  the  result  of  the  final  canvass  is  known,  giving 
the   whole   number  of  votes   cast   in   the   municipality   for  Measure  to  take 

•  •  -  -        offcct     when 

and  agamst  such  measure,  and  it  shall  be  published  in 
like  manner  as  other  proclamations  herein  provided  for. 
A  measure  accepted  by  the  electors  shall  take  effect  five 
days  after  the  vote  is  officially  announced. 

Sec.  3274.  The  qualifications  for  voting  on  ♦questions  Qualifications 
submitted  to  the  electors,  under  the  provisions  hereof, 
shall  be  the  same  as  those  required  for  voting  at 
municipal  elections  in  the  city  or  town  at  elections  for 
Mayor  or  Aldermen  thereof.  And  where,  by  the  laws 
of  the  State,  or  by  ordinance  of  the  city  or  town  made 
in  pursuance  thereof,  electors  are  required  to  register  in  bo^^k^%Hma  facie 
order   to  be   qualified   to  vote   at  municipal   elections,   the   ?o'*l1Sn^  petitioS!^* 


208 


ELECTION  LAWS 


Form    of    petitions 
and    proceedings    to 
conform    to    state 
laws    as    near    as 
may    be. 


Duties   of  city 
clerk. 


res:istration  book  or  books  shall  be  prima  facie  evidence 
of  the  right  to  sign  any  petition  herein  provided  for. 

Sec.  3275.  The  form  of  petitions  and  the  proceedings 
under  this  act  shall  conform  as  nearly  as  -possible,  with 
the  necessary  changes  as  to  details,  to  the  provisions 
of  the  laws  of  the  State  relating  to  the  initiative  and 
referendum,  and  be  regulated  by  such  laws  except  as 
otherwise  provided  in  this  act.  The  City  Clerk  shall 
perform  the  duties  which  under  the  State  laws  devolve 
upon  the  County  Clerk  and  Secretary  of  State,  insofar 
as  the  provisions  relating  thereto  may  be  made  to  apply 
to  the  case  of  the  City  or  Town  Clerk ;  but  it  shall  not 
be  necessary  to  mail  or  distribute  copies  of  the  petitions 
or  measures  to  the  electors  of  the  city  or  town. 

Sec.    3276.      The    provisions    of    this    act    regarding   the 
Act  not  applicable,    referendum   shall    not   apply   to   ordinances   which    are    re- 

when.  X  i    -' 

quired  by  any  other  law  of  the  State  to  be  submitted 
to  the  voters  or  the  electors  or  taxpayers  of  any 
city  or  town. 


STATE   OF   MONTANA  209 


COMMISSION    FORM    OF    GOVERNMENT 
FOR     CITIES. 

Sei  'on    1.  Any   City   May  Adopt  Commission   Form.  ^ 

2.  Special  Election  to  be   Ordered. 

3.  Proclamation    of    Election. 

4.  Form    of    Ballots. 

5.  Duty  of  Mayor. 

6.  Officers  to  be  Elected. 

7.  Condlict   of   Election. 

8.  Effect   of    Adoption    of    Commission    Form. 

9.  Number  of  Officers  to  be  Elected. 

10.  Terms   of   Office    Be^in   When. 

11.  First   Officers    Elect— Terms. 

12.  Primary    Election — Procedure. 

13.  Electioneering  for   Compensation   Prohibited. 

14.  Bribery — Other   Wrongful   Acts. 

15.  City   Grovernment — in   Whom. 

IG.  Council — What    Constitutes    Quorum. 

17.  Duties    and    Powers    of    Mayor. 

18.  Powers   of   Council. 

19.  Appointment  of  City   Officers. 

20.  Creating   or  Discontinning   Offices. 

21.  Salaries    of    Officers. 

22.  Meetings    of    Council. 

23.  Ordinances — Franchise,     etc. 

24."  Things   Prohibited   to  City  Officers.  ^. 

25.  Civil    Service   Commissioners. 

2G.  Monthly    Financial    Statement. 

27.  Appropriaitions. 

28.  Construction  of  Act. 

29.  Recall  of  Officers. 

30.  Electors  Proposing  Ordinances. 

31.  Suspending  Ordinances. 

32.  Abandonment  of  Commission  Form. 

33.  Form  of   Petition. 

34.  Effect    of    Act    Upon    Existing    Laws. 

35.  Repealing    Clause. 

3G.     Act  Takes  Effect  When. 
(Twelfth    Session    Laws,    1911,    Chapter    57.) 

Chapter    57. 

An  Act  Providing  for  a  Commission  Form  of  Govern- 
ment for  Cities,  Providing  for  the  Election  of  Officers 
Therein,  Defining  Their  Duties  and  Powers  and  Pro- 
viding for  Their  Compensation. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of  Montana: 


210 


Any    city    may 
adopt. 


Special   election. 


Order     of     election. 


Publication   of 
procla:Tiation    of 
election. 


Form    of   ballots. 


ELECTION  LAWS 

Sec.  I.  Any  city  may  abandon  its  organization  and 
reorganize  under  the  provisions  of  this  act  by  proceeding 
as   hereinafter  provided. 

Sec.  2.  Upon  a  petition  being  filed  with  the  City  Coun- 
cil, signed  by  not  less  than  25  per  cent  of  the  qualified 
electors  of  such  city  registered  for  the  last  preceding 
general  city  election,  praying  that  the  question  of  re- 
organization under  this  act  be  submitted  to  the  qualified 
electors  of  such  city,  said  City  Council  shall  thereupon 
and  within  thirty  days  thereafter  order  a  special  electidn 
to  be  held,  at  which  election  the  question  of  reorganiza- 
tion of  such  city,  under  the  provisions  oi  this  act,  shall 
be  submitted  to  the  qualified  electors  of  such  city.  Such 
order  of  the  City  Council  shall  specify  therein  the  time 
when  such  election  shall  be  held,  which  must  be  within 
sixty  days  from  the  date  of  the  filing  of  such  petition. 

Sec.  3.  Upon  the  City  Council  ordering  such  special 
election  to  be  held,  the  Mayor  of  such  city  shall  issue  a 
proclamation  setting  forth  the  purpose  for  which  such 
special  election  is  called,  and  the  date  of  holding  such 
special  election,'  which  proclamation  shall  be  published 
for  ten  consecutiye  days  in  each  daily  newspaper  published 
in  said  city,  if  there  be  such,  otherwise  once  a  week 
for  two  consecutive  weeks  in  each  weekly  newspaper 
published  therein,  and  such  proclamation  shall  also  be 
posted  in  at  least  five  public  places  within  such  city. 

Sec.  4.  At  such  election  the  ballots  to  be  used  shall 
be  printed  upon  plain,  white  paper,  and  shall  be  headed, 
"Special    election    for    the   purpose    of    submitting   to    the 

qualified  electors  of  the  City  of the  question 

of  reorganization  of  the  City  of under  Chapter 

(name  of  chapter  containing  this  act)  of  the  Acts  of  the 
Twelfth  Legislative  Assembly,"  and  shall  be  substantially 
in  the   following  form : 

"For  reorganization  of  the  City  of   under 

Chapter  (name  of  chapter  containing  this  act)  of  the 
Acts  of  the  Twelfth   Legislative  Assembly. 

"Against    reorganization    of    the    City    of    

under  Chapter  (name  of  chapter  containing  this  act)  of 
the  Acts  of  the  Twelfth  Legislative  Assembly." 


STATE    OF   MONTANA  211 

Such  election  shall  be  conducted  and  vote  canvass€;d 
and  result  declared  in  the  same  manner  as  provided  by 
law  in  respect  to  other  city  elections. 

Sec.  5.     If  such  proposition  is  adopted,  the  Mayor  shall   ^^^^  ^^  ^^^^^  ^^ 
transmit  to  the   Governor,  to  the   Secretary  of  State  and  proposition  carries, 
to  the  County  Clerk  and  Recorder  each  a  certificate  stat- 
ing that  such  proposition  was  adopted. 

If  such  proposition  shall  not  be  adopted  at  such  special   Defeat    of    propo- 
election,    such   proposition    shall   not    a-gain    be   submitted 
to  the  electors  of  such  city  within  a  period  of   two    (2) 
years  thereafter. 

Sec.  6.     If  a  majority  of  the  votes  cast  at  such  election 

,  ^  .  .   .  1         ^.  ^  .,    Special    election    of 

shall  be  in  favor  of  such  proposition,  the  City  Council  mayor  and  coun- 
must,  at  its  first  regular  meeting  held  thereafter,  order 
a  special  election  to  be  held  for  the  purpose  of  electing  a 
Mayor  and  the  number  of  Councilmen  to  which  such  city 
sliall  be  entitled,  which  orders  shall  specify  the  time  of 
lidding  such  election,  which  must  be  within  sixty  days 
aiier  the  making  of  said  order,  and  the  Mayor  shall  there- 
upon issue  a  proclamation  setting  forth  the  purposes  for 
v/hich  such  special  election  is  called  and  the  day  of  hold- 
ing the  same  which  proclamation  shall  be  published  for 
ten  successive  days  in  each  daily  newspaper  published 
in  such  city,  if  there  be  such,  otherwise  once  a  week 
^or  two  consecutive  weeks  in  each  weekly  newspaper 
published  therein,  and  a  copy  thereof  shall  also  be  posted 
at  each  voting  place  within  said  city,  and  also  in  at  least 
ten  of  the  most  public  places  in  said  city. 

Sec.    7.      Such    election    shall    be    conducted,    the    vote  Election,  how  to 
canvassed    and    result    declared    in    the    same    manner    as  ^®  conducted. 
provided  by  law  in  respect  to  other  city  elections. 

Sec.   8.     AH   laws   governing   cities   of  the   first,   second  • 
and  third  classes  and  not  inconsistent  with  the  provisions 
of   this    act,   shall    apply   to    and    govern    cities    org-anized  Effect  of  election 

^r-  J      ^  o  C5  Qjj    government, 

under   this   act.     All   by-laws,   ordinances   and   resolutions   property,  etc.,  of 

.   -^  city   or   town. 

lawfully  passed  and  in  force  in  any  such  city  under  its 
former  organization  shall  remain  in  force  until  altered 
or  repealed  by  the  Council  elected  under  the  provisions 
of  this  act.  The  territorial  limits  of  such  city  shall  re- 
main the  same  as  under  the  former  organization  and  all 


Vaopncies,    how 
filled. 


212  ELECTION  LAWS 

rights  and  property  of  every  description  which  were 
vested  in  any  such  city  under  its  former  organization 
shall  vest  in  the  same  under  the  organization  herein  con- 
templated, and  no  right  or  liability  either  in  favor  of  or 
against  it,  existing  at  the  time,  and  no  suit  or  prosecution 
of  any  kind  shall  be  affected  by  such  change,  unless 
otherwise   provided   for   in   this   act. 

^,     ,        ,    «,.  Sec.  Q.     In  every  city  of  the  third  class  there  shall  be  a 

Number   of   officers  ^  y  J  J 

in   cities   of  Mayor  and  two  Councilmen ;  in  every  city  of  the  second 

different    class-s.  -^  .  . 

class,  a  Mayor  and  two  Councilmen ;  in  every  city  of 
the  first  class  having  a  population  of  less  than  25,000, 
a  Mayor  and  two  Councilmen,  and  in  every  city  of  the 
first  class  having  a  population  of  25,000  or  more,  a  Mayor 
and  four  Councilmen,  and  the  Mayor  and  all  Councilmen 
shall   be   elected   at   large. 

If  any  vacancy  shall  occur  in  the  office  of  Mayor  or 
Councilman,  the  remaining  members  of  the  Council  shall 
by  a  majority  vote,  elect  a  person  to  fill  such  vacancy 
until  the  next  general  city  election,  and  if,  in  filling  such 
vacancy,  a  tie  vote  should  occur,  then  the  person  to  fill 
said  vacancy  shall  be  determined  by  lot  in  such  manner 
as   said   Council   may  provide. 

Sec.   10.     The   Mayor   and   Councilmen   elected   at   such 
oTicerF.  torns         Special  election  shall  qualify  and  their  terms  of  office  shall 

begin    when.  .  i^  iv/ri  r  ,-i'  i, 

begm  on  the  first  Monday  after  their  election,  and  the 
terms  of  office  of  the  Mayor  and  Councilmen  or  Alder- 
men in  such  city  in  offiice  at  the  beginning  of  the  term 
of  office  of  the  Councilmen  first  elected  under  the  pro- 
visions of  this  act  shall  then  cease  and  determine,  and 
the  terms  of  office  of  all  their  appointed  officers  in  force 
in  such  city,  except  as  hereinafter  provided,  shall  cease 
and  determine  as  soon  as  the  Council  shall  by  resolution 
declare. 

Terirs  of  first  set  ^^^'  ^^'  ^fie  terms  of  officc  of  the  Mayor  and  all 
of^^officers,  expira-  Councilmen  elected  at  such  special  election  shall  expire 
on  the  first  Monday  in  May  of  the  year  following  their 
election.  At  the  first  regular  city  election  held  in  the 
year  in  which  the  terms  of  office  of  the  M-ayor  and  Coun- 
cilmen elected  at  such  special  election  shall  expire,  a 
Mayor    and    two    Councilmen    shall    be    elected    in    cities 


STATE   OF   MONTANA  213 

having  a  population  of  less  than  25,000.  The  Mayor 
elected  at  such  first  -general  city  election  shall  hold  office 
for  two  years;  one  of  the  Councilmen  elected  at  such 
first  general  city  election  shall  hold  office  for  one  year, 
and  the  other  of  such  Councilmen  elected  at  such  first 
general  city  election  shall  hold  office  for  two  years,  be- 
ginning with  the  first  Monday  in  May  of  that  year;  a 
Mayor  and  four  Councilmen  shall  be  elected  in  cities 
having  a  population  of  25,000  or  more;  and  the  Alayor 
elected  at  such  first  general  city  election  shall  -hold  office 
for  two  years.  Two  of  the  Councilmen  elected  at  such 
first  general  city  election  shall  hold  ofiiice  for  one  year 
and  the  other  two  of  the  Councilmen  elected  at  such 
first  general  city  election  shall  hold  office  for  two  years, 
beginning  with  the  first  Monday  in  May  of  that  year; 
and  the  terms  of  office  of  the  Mayor  and  all  Councilmen 
thereafter  elected  shall  be   two  years. 

The  Councilmen  elected  at  the  first  general  city  elec- 
tion shall  decide  by  lot  in  such  manner  as  they  may 
select  which  thereof  shall  hold  the  office  of  Councilman 
the  term  of  which  expires  one  year  thereafter,  and  which 
thereof  shall  hold  the  office  of  Councilman  the  term  of 
which   expires   two  years   thereafter. 

Sec.  12.  Candidates  to  be  voted  for  at  all  general 
municipal  elections  at  which  a  Mayor  or  Councilmen  are  didTt"st  ^primary "' 
to  be  elected  under  the  provisions  of  this  act,  shall  be  ®^^^t^°"- 
nominated  by  a  primary  election,  and  no  other  names 
shall  be  placed  upon  the  general  ballot  except  those  se- 
lected in  the  manner  hereinafter  prescribed.  The  primary 
election  for  such  nominations  shall  be  held  on  tlie  second 
Monday  preceding  the  municipal  election.  The  judges 
of  election  appointed  for  the  municipal  election  shall  be 
the  judges  of  the  primary  election,  and  it  shall  be  held 
at  the  same  places,  as  far  as  possible,  and  the  polls  shall 
be  opened  and  closed  at  the  same  hours,  with  the  same 
clerks  as  are  required  for  said  general  municipal  election. 
Any  qualified  elector  of  said  city  who  is  the  owner  of 
any  real  estate  situated  therein,  desiring  to  become  ^a 
caiididate  for  Mayor  or  Councilman,  shall,  at  least  ten 
days   prior   to    said   primary   election,   file    with    the    City 


214 


ELECTION  LAWS 


Statement  of 
candidate. 


Petition  to  be  filed. 


Form   of   petition. 


Clerk  a  statement  of  such  candidacy  in  substantially  the 
following   form: 

State  of  Montana, 
County  of ^^' 

I ,  being  first  duly  sworn, 

say  that  I  reside  at ,  street,  , 

City  of   ,   County   of   ,   State 

of  Montana ;  that  I  am  a  qualified  voter  therein ;  that 
I  am  a  candidate  for  nomination  to  the  office  of  (Mayor 
or  Councilman)   to  be  voted  upon  at  the  primary  election 

to  he  held  on  the Monday  of ,  19.  ., 

and  I  hereby  request  that  rny  name  be  printed  upon  the 
official  primary  ballot  for  nomination  by  such  primary 
election  for  such  office. 

Signed  

Subscribed   and   sworn   to    (or   affirmed)    before   me   by 
on  this day  of 

V  I9--- 

Signed    

And  shall  at  the  same  time  file  therewith  the  petition 
of  at  least  twenty-five  qualified  voters  requesting  such 
candidacy.  Each  petition  shall  be  verified  by  one  or 
more  persons  as  to  qualifiations  and  residence,  with  street 
number  of  each  of  the  persons  so  signing  the  said  peti- 
tion, and  the  said  petition  shall  be  in  substantially  the 
following  form : 

Petition  Accompanying  Nominating  Statement. 

The      undersigned,      duly      qualified      electors      of      the 

City   of    ,    and    residing    at    the    places    set 

opposite  our  respective  names  hereto,  do  hereby  request 
that  the-  name  of  (name  of  candidate)  be  placed  on  the 
ballot  as  a  candidate  for  nomination  for  (name  of  office), 
at   the   primary   election   to   be   held   in   such   city   on   the 

Monday  of   ,   19.  . .     We  further 

state  that  we  know  him  to  be  a  qualified  elector  ot  said 
city  and   a   man   of   good   moral   character,   and   qualified, 
in  our  judgment,  for  the  duties  of  such  offiice. 
Names  of  Qualifying  Electors.        No.  Street. 


Each  signer  of  a  nomination   paper  shall   sign  but   one 


STATE   OF  MONTANA  215 

such  nomination  paper  for  the  same  offiice,  except  where  ^"n^^^an  ° eieSor 
more  than  one  officer  is  to  be  elected  to  the  same  office,  '"^y    ^^s^^- 
in   which   case   he   may   sign   as   many   nomination   papers 
as   there   are   officers   to  be   elected,   and   only   one   candi- 
date  shall    be    petitioned   for    or   nominated    in    the    same 
nomination   paper. 

Immediately  upon  the  expiration  of  the  time  of  filing 
the  statements  and  petitions  for  candidates,  the  said  City 
Clerk  shall  cause  to  be  published  for  three  consecutive 
days  in  all  the  daily  newspapers  published  in  the  city,  city  clerk  to 
in  proper  form,  the  names  of  the  persons  as  they  are  to  Jandfdktes."^^^  °^ 
appear  upon  the  primary  ballots,  and  if  there  be  no  daily 
newsaper,  then  in  two  issues  of  any  other  newspapers 
that  may  be  published  in  said  city;  and  the  said  clerk 
shall  thereupon  cause  the  primary  ballots  to  be  printed, 
authenticated  with  a  fac-simile  of  his  signature.  Upon  '^^^  o?^baiiots.^^~ 
the  said  ballots  the  names  of  the  candidates  for  Mayor, 
aranged  alphabetically,  shall  first  be  placed,  with  a  square 
at  the  left  of  each  name,  and  immediately  below  the 
words,  ''Vote  for  one."  Following  these  names,  likewise 
arranged  in  alphabetical  order,  shall  appear  the  names  of 
the  candidates  for  Councilmen,  with  a  square  at  the  left 
of  each  name,  and  below  the  names  of  such  candidates 
shall  appear  the  words,  ''Vote  for  (giving  the  number  of 
persons  to  be  voted  for.)"  The  ballots  shall  be  printed 
upon  plain,  substantial,  white  paper,  and  shall  be  headed: 

Candidates    for    Nomination    for    Mayor    and    Councilmen 
of  the    City   of    at   the 

Primary   Election. 
But   shall   have   no   party   designation   or   mark   whatever,  no   party   desig- 
The  ballots  shall  be  in  substantially  the  following  form :       "^^'°''   °'   '"^'"^' 

(Place  a  cross  in  the  square  preceding  the  names  of  the 
parties  you  favor  as  candidates  for  the  respective  posi- 
tions.) 

Official   Primary   Ballot. 
Candidates    for    Nomination    for    Mayor    and    Councilmen 

of  the    City   of    at   the 

Primary   Election. 


216 


ELECTION  LAWS 


Qualifications  of 
electors. 


Canvassing    the 
ballots. 


For  Mayor. 

(Name  of  Candidate.) 

(Vote  for  One.) 

For   Councilman. 
,  (Name  of  Candidate.) 

(Vote  for   (giving  number  to  be  voted  for.) 

Official  Ballot  Attest: 

Signature : 

City  Clerk. 
Having  caused  said  ballots  to  be  printed,  the  said  City 
Clerk  shall  cause  to  be  delivered  at  each  polling  place 
a  number  of  said  ballots  equal  to  twice  the  number  of 
such  voters  registered  in  such  polling  place  at  the  last 
general  municipal  election.  The  persons  who  are  qualified 
to  vote  at  the  general  election  shall  be  qualified  to  vote 
at  such  primary  election,  and  any  person  offering  to  vote 
may  be  orally  challenged  by  any  /elector  of  the  city 
upon  any  or  all  of  the  grounds  set  forth  and  specified 
in  Section  562  of  the  Revised  Codes  of  Montana  of  1907, 
and  the  provisions  of  Sections,  563,  564,  565,  566,  567,  568, 
569  and  570  of  the  Revised  Codes  of  Montana  of  1907, 
shall  apply  to  all  challenges  made  at  such  election.  Judges 
of  election  shall  immediately  upon  the  closing  of  the 
polls  count  the  ballots  and  ascertain  the  number  of  votes 
cast  in  such  precinct  for  each  of  the  candidates  for  Mayor 
and  Councilmen,  and  make  return  thereof  to  the  City 
Clerk  upon  the  proper  blanks  to  be  furnished  by  the  City 
Clerk  within  six  hours  of  the  closing  of  the  polls.  On 
the  day  following  the  primary  election  the  City  Clerk 
shall  canvass  said  returns  so  received  from  all  the  polling 
precincts  and  shall  make  and  publish  in  all  the  news- 
papers in  said  city,  at  least  once,  the  result  thereof.  Said 
canvass  by  the  City  Clerk  shall  be  publicly  made.  If  a 
Alayor  is  to  be  elected  at  such  municipal  election,  the 
two  persons  receiving  the  highest  number  of  votes  shall 
be  the  candidates  for  Mayor.  If  one  Councilman  is  to 
be  elected  at  such  municipal  election,  the  two  persons 
receiving  the  highest  number  of  votes  shall  be  the  can- 
didates for  councilmen.  If  two  Councilmen  are  to  be 
elected  at  such  general  municipal  election,  the  four  per- 
sons receiving  the  highest  number  of  votes   shall  be   the 


STATE   OF   MONTANA    .  217 

candidates  for  Councilmen,  and  if  three  Councilmen  are 
to  be  elected  at  such  municipal  election,  the  six  persons 
receiving  the  highest  number  of  votes  shall  be  candidates 
for  Councilmen,  and  if  four  Councilmen  are  to  be  elected 
at  such  general  municipal  election,  the  eight  persons  re- 
ceiving: the  hio:he3t  number  of  votes  shall  be  candidates 
for  Councilmen  at  such  general  election,  and  these  shall 
be  the  only  candidates  for  Mayor  and  Councilmen  at 
such  general  election. 

All  electors  of  cities  under  this  act  who,  by  ordinances 
governing  cities  incorporated  under  the  general  municipal 
incorporation    law,    or    by    charter,    would    be    entitled    to   ^    ,.^    ^. 

^  '  -^  .    .       1    Qualification    of 

vote  for  the  election  of  officers  at  any  general  municipal   electors  at  munic- 

1         .  .  1         •   .  1-r     1  11    ^P^^     elections. 

election  m  such  cities,  shall  be  qualified  to  vote  at  all 
elections  under  this  act;  and  the  ballots  to  be  used  at 
such  sreneral  municipal  election  shall  be  in  the  same  gen-  Form  of  ballots  at 

°  ^  ,  1-11        genei'al   election.. 

eral  form  as  for  such  primary  elections  so  far  as  applicable, 
and  in  all  elections  in  such  cities  the  election  precincts, 
voting  places,  method  of  conducting  the  elections,  can- 
vassing of  votes  and  announcing  the  results  shall  be  the 
same  as  by  law  provided  for  the  election  of  officers  in 
such  cities  so  far  as  the  same  are  applicable  and  not  in- 
consistent with  the  provisions  of  this  act. 

Every  person  who  has  been  declared  elected  Mayor 
or  Councilman  shall  within  ten  (lo)  days  therafter  take  ^^l^^^^^^  ^^""^  °^ 
and  file  with  the  City  Clerk  his  oath  of  office  in  the 
form  and  manner  provided  by  law,  and  shall  execute 
and  give  sufficient  bond  to  the  municipal  corporation 
in  the  sum  of  ten  thousand  ($10,000.00)  dollars,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his 
office,  which  bond  shall  be  approved  by  the  Judge  of 
the  District  Court  of  the  county  in  which  such  city  is 
situated  and  filed  with  the  Clerk  and  Recorder  of  the 
county   in   which  such   city  is   situated. 

Sec.  13.  Any  person  who  shall  agree  to  perform  any 
services  in  the  interest  of  any  candidate  for  any  office 
provided  in  this  act,  in  consideration  of  any  money  or 
other  valuable  thing  for  such  services  performed  in  the  candidate  for 
interest  of  any  candidate  shall  be  punished  by  a  fine  not  fo?b^'dden?'°" 
exceeding  three  hundred  ($300.00)  dollars  or  be  im- 
prisoned  in   the   county  jail   not   exceeding   thirty   days. 


218 


ELECTION  LAWS 


Bribery  and  other 
wrongful    acts. 


Penalty. 


City     government, 
in   whom. 


Quorum,  what  con- 
stitutes. 


Sec.  14.  Any  person  offering  to  give  a  bribe,  either 
in  money  or  other  consideration,  to  any  elector  for  the 
purpose  of  influencing  his  vote  at  any  election  provided 
in  this  act,  or  any  elector  entitled  to  vote  at  any  such 
election  receiving  and  accepting  such  bribe  or  other  con- 
sideration ;  any  person  who  agrees,  by  promise  or  written 
statement,  that  he  will  do,  or  will  not  do,  any  particular 
act  or  acts,  for  the  purpose  of  influencing  the  vote  of 
any  elector  or  electors  a:t  any  election  provided  in  this 
act;  any  person  making  false  answer  to  any  of  the  pro- 
visions of  this  act  relative  to  his  qualifications  to  vote 
at  such  election ;  any  person  wilfully  voting  or  offering 
to  vote  at  such  election  who  has  not  been  a  resident  of 
this  State  for  one  year  next  preceding  said  election,  or 
who  is  not  twenty-one  years  of  age,  or  is  not  a  citizen 
of  the  United  States,  or  knowing  himself  not  to  be  a 
qualified  elector  of  such  precinct  where  he  offers  to  vote ; 
any  person  knowingly  procuring,  aiding  or  abetting  any 
violation  hereof  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  a  sum  of  not  less 
than  one  hundred  ($100.00)  dollars  nor  more  than  five 
hundred  ($500.00)  dollars,  and  (be  imprisoned  in  the 
county  jail  not  less  than  ten  nor  more  than  ninety  days. 

Sec.  15.  Every  city  shall  be  governed  by  a  Mayor  and 
Councilmen,  as  provided  in  Section  9  of  this  act,  each 
of  whom  shall  have  the  right  to  vote  on  all  questions 
coming  before   the   Council. 

Sec.  16.  In  cities  having  a  Mayor  and  two  Council- 
men,  the  Mayor  and  one  Councilman,  or  two  Councilmen, 
shall  constitute  a  quorum ;  and  the  afifirmative  vote  of 
the  Mayor  and  one  Councilman  or  the  affirmative  vote 
of  two  Councilmen  shall  be  necessary  to  adopt  or  reject 
any  motion,  resolution  or  ordinance,  or  pass  any  measure 
unless  a  greater  number  is  provided  for  in  this   act. 

In  cities  having  a  Mayor  and  four  Councilmen,  the 
Mayor  and  two  Councilmen,  or  three  Councilmen,  shall 
constitute  a  quorum,  and  the  affirmative  vote  of  the 
Mayor  and  two  Councilmen  or  the  affi*rmative  vote  of 
three  Councilmen  shall  be  necessary  to  adopt  or  reject 
any  motion,  resolution,  or  ordinances,  or  pass  any  measure 
unless  a  greater  number  is  provided  for  in   this   act. 


Powers    of    council. 


STATE  OF  MONTANA  219 

Upon  every  vote  the  ayes  and  nays  shall  be  called  and  "^^t^"^-  Procedure, 
recorded,  and  every  motion,  resolution,  or  ordinance  shall 
be  reduced  to  writing  and  read  before  the  vote   is  taken 
thereon. 

Sec.  17.  The  Mayor  shall  preside  at  all  meetings  of  ^^^^^l  ^^*^  powers 
the  Council ;  he  shall  have  the  same  power  to  vote  as 
other  members  of  the  Council ;  he  shall  have  no  power 
to  veto  any  measure,  but  every  resolution  or  ordinance 
passed  by  the  Council  must  be  signed  by  the  Mayor, 
or  by  two  Councilmen,  and  must  be  recorded  before  the 
same  shall   be   in   force. 

Sec.  18.  The  Council  shall  have  and  possess  and  the 
Council  and  its  members  shall  exercise  all  executive, 
legislative  and  judicial  powers  and  duties  now  had, 
possessed  and  exercised  by  the  Mayor,  City  Council, 
Board  of  Public  Works,  Park  Commissioners,  Board  of 
Police  and  Fire  Commissioners,  Board  of  Water  Works 
Trustees,  Board  of  Library  Trustees,  Attorney,  Assessor, 
Treasurer,  Auditor,  City  Engineer  and  other  executive 
and  administrative  offices  in  cities  organized  under  the 
general  municipal  incorporation  laws. 

The  executive  and  administrative  powers,  authority  and 
duties  in  such  cities  shall  be  distributed  into  and  among 
departments   as   follows:  : 

In  cities  having  a  mayor  and  two  Councilmen,  into 
three  departments: 

First — A  department  of  accounts,  finance  and  public 
property.  ^S^^^^^lT  "' 

Second — A   department  of  public   safety   and   charity. 

Third — A  department  of  streets,  public  improvements 
and   parks. 

In  cities  having  a  Mayor  and  four  Councilmen,  into 
five   departments : 

First — A    department   of    public    affairs. 

Second — A  department  of  accounts  and  finance. 

Third — A  department  of  public  safety  and  charity. 

Fourth — A  department  of  street  and  public  improve- 
ments. 

Fifth — A    department   of   parks    and    public    property. 

The  Council  shall  determine  the  powers  and  duties 
to  be   performed   by   each    department   of   the    city;    shall  Council. ^^  *^^* 


220 


ELECTION  LAWS 


Duties    of    mayor." 


Appointment    of 
city    officers. 


prescribe  the  powers  and  duties  of  officers  and  employes ; 
■may  assign  particular  offiicers  and  employes  to  one  or 
more  of  the  departments ;  may  require  an  offiicer  or  em- 
ploye to  perform  duties  in  two  or  more  departments ; 
and  may  ma'ke  such  rules  and  regulations  as  may  be 
necessary  or  proper  for  the  efficient  and  economical  con- 
duct  of  the   business   of  the   city. 

Sec.  19.  In  cities  having  a  Mayor  and  two  Councilmen, 
the  Mayor  shall  be  superintendent  of  the  department 
of  accounts,  finance  and  public  property,  and  in  cities 
having  a  Mayor  and  four  Aldermen,  the  Mayor  shall  be 
superintendent  over  the  department  of  public  affairs,  and 
the  Mayor  shall  have  general  supervision  over  all  de- 
partments of  the  city  and  over  all  imatters  connected 
with  said  city,  and  the  Council  shall,  at  its  first  regular 
meeting  after  the  election  of  its  members,  designate  'by 
majority  vote  one  Councilman  to  be  superintendent  over 
each  department  of  the  city,  but  such  designation  may 
be  changed  whenever  it  appears  that  the  public  service 
would  be  benefited  thereby. 

The  Council  shall  at  its  first  regular  meeting  after  the 
election  of  its  members,  or  as  soon  thereafter  as  practic- 
able, elect  'by  a  majority  vote  the  following  officers:  A 
City  Clerk,  a  City  Treasurer,  a  City  Attorney,  a  City 
Auditor,  a  City  Engineer,  a  City  Physician,  a  Chief  of 
the  Fire  Department,  a  Chief  of  the  Police  Department, 
a  Commissioner  of  Weights  and  Measures,  a  Street  Com- 
missioner, Li'brary  Trustees,  Cemetery  Trustees,  and  such 
other  officers  and  assistants  as  shall  be  provided  for  by 
ordinance,  and  which  may  be  necessary  to  the  proper 
and  efficient  conduct  of  the  afifairs  of  the  city ;  Provided, 
however,  that  the  Council  may,  by  ordinance,  consolidate 
any  of  the  offices  the  election  to  which  is  made  by  the 
Council,  and  may  require  any  offiicer  elected  by  the  Coun- 
cil to  perform  the  duties  of  any  other  officer;  and  shall 
appoint  a  Police  Judge  with  the  authority  now  conferred 
by  existing  laws.  Any  officer  or  assistant,  elected  or 
appointed  by  the  Council,  may  be  removed  from  office 
at  any  time  by  a  majority  vote  of  the  members  of  the 
council,   except   as   otherwise   provided   in   this   act. 

Sec.  20.     The   Council   shall   have   power   from   time  to 


STATE   OF   MONTANA  221 

time   to    create,   fill    and    discontinue   offices    and   employ-  S^^dScontoue*^ 

nient    other    than    herein    prescribed,    according    to    their  offices. 

judgment  of  the  needs  of  the  city,  and  by  majority  vote 

of  all  the  members,  remove  any  such  officer  or  employe 

except  as  otherwise  provided   for   in   this   act;   and   may, 

by    resolution    or    otherwise,    prescribe,    limit,    or    change 

the   compensation  of  such   offi'cers  or   employes. 

Sec.  21.  The  Council  shall  have  their  office  at  the  . 
city  hall,  and  their  total  compensation  shall  be  as  follows: 
In  cities  of  the  third  class,  having  a  population  of  less 
than  3,000,  the  annual  salary  of  the  Mayor  shall  'be  omSrl^  °^ 
$6co.oo,  and  the  annual  salary  of  each  Councilman  shall 
be  $500.00;  in  cities  of  the  third  class,  having  a  popula- 
tion of  3,000  or  more,  the  annual  salary  of  the  Mayor 
shall  be  $1,000.00,  and  the  annual  salary  of  each  Council- 
man shall  be  $900.00;  in  cities  of  the  second  class,  the 
annual  salary  of  the  Mayor  shall  be  $1,650.00,  and  the 
annual  salary  of  each  Councilman  shall  be  $1,500.00;  in 
cities  of  the  first  class,  having  a  population  of  less  than 
30,000,  the  annual  salary  of  the  Mayor  shall  be  $3,000.00, 
and  the  annual  salary  of  each  Councilmen  shall  be 
$2,500.00;  in  cities  of  the  first  class,  having  a  population 
of  30,000  and  less  than  50,000,  the  annual  salary  of  the 
Mayor  shall  be  $4,000.00,  and  the  annual  salary  of  each 
Councilman  shall  be  $3,000.00;  and  in  cities  of  the  first 
class,  having  a  population  of  50,000  or  more,  the  annual 
salary  of  the  Mayor  shall  be  $4,500.00,  and  the  annual 
salary  of  each  Councilman  shall  be  $3,500.00. 

Any  increase  in  salary  occasioned  by  the  advance  in 
class  or  increase  in  population  of  any  city  shall  commence 
with  the  month  next  after  the  official  publication  of  the 
census  showing  such  advance  in  class  or  increase  in  popu- 
lation. 

Every  other  officer  or  assistant  shall  receive  such  salary 
or  compensation  as  the  Council  shall  by  ordinance  from 
time  to  time  provide,  payable  in  equal  monthly  install- 
ments. 

The  salary  or  compensation  of  all  other  employes  of 
such  city  shall  be  fixed  by  the  Council  and  shall  be  pay- 
able monthly,  or  at  such  shorter  periods  as  the  Council 
shall  determine. 


222 


ELECTION  LAWS 


Meetings  and  Sec.  22.     Rcsfular  meetinsfs  of  the  Council  shall  be  held 

org-anization    of  ^  ^  .  .        .  .     ^  .. 

council.  on    the    first    Monday    after    the    election    of    Councilmen, 

and  thereafter  at  least  once  each  month.  The  Council 
shall  provide  hy  ordinance  for  the  time  for  holding  regu- 
lar meetings,  and  special  meetings  may  be  called  from 
time  to  time  by  the  Mayor  or  two  Councilmen.  All 
meetings  of  the  Council,  whether  regular  or  special,  at 
^  which  any  person  not  a  city  officer  is  admitted,  shall 
be  open  to  the  public. 

The  Mayor  shall  be  president  of  the  Council  and  shall 
preside  at  all  its  meetings  and  shall  supervise  all  de- 
partments of  the  city  and  report  and  recommend  ..to  the 
Council  for  its  action  all  matters  requiring  attention  in 
any  department.  The  Council  shall,  at  its  first  regular 
meeting,  select  one  of  its  members  for  vice  president 
of  the  Council,  and  in  case  of  a  vacancy  in  the  office 
of  Mayor,  or  the  absence  or  inability  of  the  Mayor,  ^  he 
shall    perform   the    duties   of    the    Mayor. 

Sec.  23.  Every  ordinance  or  resolution  appropriating 
money  or  ordering  any  street  improvement  or  sewer, 
or  making  or  authorizing  the  making  of  any  contract, 
or  granting  any  franchise  or  right  to  occupy  or  use  the 
streets,  highways,  bridges  or  public  places  in  the  city 
for  any  purpose,  shall  'be  complete  in  the  form  in  which 
it  is  finally  passed,  and  remain  on  file  with  the  City  Clerk 
for  public  inspection  at  least  one  week  before  the  final 
passage  or  adoption  thereof.  No  franchise  or  right  to 
occupy  or  use  the  streets,  highways,  bridges  or  public 
places  in  any  such  city  shall  be  granted,  renewed  or  ex- 
tended, except  by  ordinance,  and  every  franchise  or  p^rant 
for  interurban  or  street  railways,  gas,  or  water  works, 
electric  light,  or  power  plant,  heating  plant,  telegraph 
or  telephone  systems,  or  other  public  service  utilities, 
or  renewal  or  extension  of  any  such  franchise  or  grant 
within  such  city,  must  be  authorized  or  approved  by  a 
majority  of  the  electors  voting  thereon  at  a  general  or 
special  election,  as  provided  in  Sections  3291,  3292  and 
3293,   Revised   Codes  of  Montana,    1907. 

Sec.  24.  No  officer  or  employe  elected  or  appointed 
employe s'^not  to  be  in  any  such  city  shall  be  interested,  directly  or  indirectly, 
contracts.  in  any  contract  or  job  for  work  or  materials,  or  the  profits 


Ordinances, 
franchises,  etc. 


Officers    and 


STATE   OF   MONTANA  223 

thereof,  or  materials,  supplies  or  services  to  be  furnished 
or  performed  for  the  city ;  and  no  such  ofifi.cer  or  employe 
shall  be  interested,  directly  or  indirectly,  in  any  contract 
or  jab  for  work  or  'materials  or  the  profits  thereof,  or 
services  to  be  furnished  or  performed  for  any  person, 
firm  or  corporation  operating  interurban  railway,  street 
railway,  gas  works,  water  works,  electric  light  or  power 
plant,  heating  plant,  telegraph  line,  telephone  exchange 
or  other  public  utility  within  the  territorial  limits  of  said 
city.  No  such  officer  or  employes  shall  accept  or  re-  certain  officers 
ceive,  directly  or  indirectly,  from  any  person,  firm  or  fra^nks?  frirpaLes, 
corporation  operating  within  the  territorial  limits  of  said  ®^^' 
city,  any  interurban  railway,  street  railway,  gas  works, 
water  works,  electric  light  or  power  plant,  heating  plant, 
telegraph  line,  or  telephone  exchange  or  other  business 
using  or  operating  under  a  public  franchise,  any  frank, 
free  pass,  free  ticket,  or  free  service,  or  accept  or  receive, 
directly  or  indirectly,  from  any  such  person,  firm  or  cor- 
poration, any  other  service  upon  terms  more  favorable 
than  is  granted  to  the  public  generally.  Any  violation  of 
the  provisions  of  this  section  shall  be  a  misdemeanor, 
and  every  such  contract  and  agreement  shall  be  void. 

Such  prohibition  of  free  transportation  shall  not  apply 
to  policemen  or  firemen  in  uniform ;  nor  shall  any  free 
service  to  the  city  officials  heretofore  provided  by  any 
franchise  or  ordinance  be  affected  by  this  section.  Any 
officer   or  employe   of   such   city   who,   by   solicitation   or  Electioneering  by 

^      ■'  J  1       J  officers  and  em- 

otherwise,  shall  exert  his  influence,  directly  or  indirectly,  pioyes  prohibited, 
to  influence  other  offi'cers  or  employes  of  such  city  to 
adopt  his  political  views  or  to  favor  any'  particular  person 
or  candidate  for  office,  or  who  shall  in  any  manner  con- 
tribute money,  labor,  or  other  valuable  thing  to  any 
person  for  election  purposes,'  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  punished  by  a  fine 
not  exceeding  three  hundred  dollars  or  by  imprisonment 
in  the  county  jail   not  exceeding  thirty  days. 

Sec.  25.    Immediately  after  organizing,  the  Council  shall 
by  ordinance  appoint  three   Civil  Service   Commissioners,  Si^sionlrs!^^  *^°"^" 
who  shall  hold  office,  one  until  the  first  Monday  in  April  ^'"orofficr'^ 
in  the  second  year,  one   until   the  first  Monday   in  April 
of   the   fourth   year,   and   one   until    the   first    Monday    in 


224 


ELECTION  LAWS 


Ouoi'um, 
etc. 


vacancies, 


Oath    of   office. 


Examination    of 
applicants. 


April  of  the  sixth  year  after  his  appointment.  Each  suc- 
ceeding Council  shall,  as  soon  as  practicable  after  or- 
ganizing, appoint  one  Commissioner  for  six  years,  Avho 
shall  take  the  place  of  a  Commissioner  whose  term  of 
office  expires.  The  chairman  of  the  Commission  for  each 
biennial  period  shall  be  the  member  whose  term  first 
expires.  No  person  while  on  the  said  Commission  shall 
hold  or  be  a  candidate  for  any  offiice  of  public  trust.  Two 
of  said  members  shall  constitute  a  quorum  to  transact 
business.  The  Commissioners  must  be  citizens  of  Mon- 
tana and  residents  of  the  city  for  more  than  three  years 
next  preceding  their   appointment. 

The  Council  may  remove  any  of  said  Commissioners 
during  their  term  of  office  for  cause,  a  majority  of  Coun- 
cilmen  voting  in  favor  of  such  removal,  and  shall  fill  any 
vacancy  that  shall  occur  in  said  Commission  for  the  un- 
expired term.  The  City  Council  shall  provide  suitable 
rooms  in  which  the  said  Civil  Service  Commission  shall 
hold  its  meetings ;  they  shall  have  a  clerk,  who  shall 
keep  a  record  of  all  its  meetings,  such  city  to  supply 
the  said  Commission  with  all  necessary  equipment  to 
properly   attend   to   such   business. 

(A)  Before  entering  upon  the  duties  of  their  office, 
each  of  said  Commissioners  shall  take  and  subscribe  an 
oath,  which  shall  be  filed  and  kept  in  the  office  of  the 
City  Clerk,  to  support  the  constitution  of  the  United 
States  and  of  the  State  of  Montana,  and  to  obey  the  laws, 
and  to  aid  to  secure  and  maintain  an  honest  and  efficient 
force,  free  from  partisan  distinction  or  control,  and  to 
perform  the  duties  of  his  office  to  the  best  of  his  ability. 

(B)  Said  Commission  shall,  on  the  first  Monday  of 
April  and  October  of  each  year,  or  oftener  if  it  shall 
be  deemed  necessary,  under  such  rules  and  regulations 
as  may  be  prescribed  by  the  Council,  hold  examinations 
for  the  purpose  of  determining  the  qualifications  of  ap- 
plicants for  positions,  which  examination  shall  be  practical 
and  shall  fairly  test  the  fitness  of  the  persons  examined 
to  discharge  the  duties  of  the  position  to  which  they  seek 
to  be  appointed.  Such  Commission  shall,  as  soon  as 
possible  after  such  examination,  certify  to  the  Council 
double  the  number  of  persons  necessary  to  fill  vacancies. 


STATE   OF   MONTANA  225 

who,  according  to  the  records,  have  the  highest  standing 
for  the  position  they  seek  to  fill  as  a  result  of  such  ex- 
amination, and  all  vacancies  which  occur  that  come  under 
the  civil  service,  prior  to  the  date  of  the  next  regular 
examination,  shall  be  filled  from  said  list  so  certified; 
Provided,  however,  that  should  the  list  for  any  cause  be 
reduced  to  less  than  three  for  any  division,  then  the 
Council  or  the  head  of  the  proper  department  may  tem- 
porarily fill  a  vacancy  but  not  to  exceed  thirty  days. 

(C)  All  persons  subject  to  such  civil  service  examina- 
tion shall  be  subject  to  removal  from  office  or  employ- 
ment by  the  Council  for  misconduct  or  failure  to  perform 
their  duties  under  such  rules  and  regulations  as  it  may 
adopt,  and  the  Chief  of  Police,  Chief  of  the  Fire  Depart- 
ment or  any  superintendent,  or  foremen  in  charge  of 
municipal  work  may  peremptorily  suspend  or  discharge 
any  su'bordinate  then  under  his  direction  for  neglect  of 
duty  or  disobedience  of  his  orders,  but  shall,  within 
twenty-four  hours  thereafter,  report  such  suspension  or 
discharge,  and  the  reason  therefor,  to  the  superintendent 
of  his  department   who  shall  thereupon   affirm  or  revoke 

such  discharge  or  suspension,  according  to  the  facts.    Such  Appeals, 
employe    (or   the  officer   discharging   or   suspending   him) 
may  within  five  days  of  such  ruling,  appeal  therefrom  to 
the    Council,    which    shall    fully    hear    and    determine    the 
matter. 

(D)  The  Council  shall  have  the  power  to  enforce  the 
attendance  of  witnesses,  the  production  of  books  and 
papers,  and  power  to  administer  oaths  in  the  same  man; 
ner  and  with  like  eflfect,  and  under  the  same  penalties, 
as  in  the  case  of  magistrates  exercising  criminal  or  civil 
jurisdiction  under  the  statutes  of  Montana. 

Said  Commissioners  shall  make  an  annual  report  to 
the  Council,  and  it  may  require  a  special  report  from  Annual  report, 
said  Commissioner,  at  any  time;  and  said  Council  may 
prescribe  such  rules  and  regulations  for  the  proper  con- 
duct of  the  business  of  the  said  Commission  as  shall  be 
found  expedient  and  advisable,  including  restrictions  on 
appointment,  promotions,  removals  for  cause,  roster  of 
employes,  certificates  of  records  to  the  auditors,  and  re- 
strictions on  payment  to  persons  improperly  employed. 


226 


ELECTION  LAWS 


Penal   ordinances 
relating   to    civil 
service    commis- 
sion. 


Provisions 
applicable    to 
M'hom. 


Civil    service    regu- 
lations. 


(E)  The  Council  of  such  city  shall  have  power  to  pass 
ordinances  imposing  suitable  penalties  for  the  punishment 
of  persons  violating  any  of  the  provisions  of  this  act 
relating  to  the   Civil  Service  Commission. 

(F)  The  provisions  of  this  section  shall  apply  to  all 
appointive  officers  and  employes  of  such  city,  except  those 
especially  named  in  Section  19  of  this  act,  commissioners 
of  any  kind,  laborers  whose  occupation  requires  no  special 
skill  nor  fitness,  election  officials,  and  Mayor's  secretary 
and  assistant  attorney,  where  such  officers  are  appointed. 

All  officers  and  employes  in  any  said  city  shall  be 
elected  or  appointed  with  reference  to  their  qualifications 
and  fitness,  and  for  the  good  of  the  public  service  and 
without  reference  to  their  political  faith  or  party  affilia- 
tions. 

It  shall  be  unlawful  for  any  candidate  for  office  in  any 
such  city,  directly  or  indirectly,  to  give  or  promise  any 
person  or  persons  any  offiice,  position  employment,  benefit 
or  anything  of  value  for  the  purpose  of  influencing  or 
obtaining  the  political  support,  aid  or  vote  of  any  person 
or  persons. 

Every  elective  officer  in  any  such  city  shall,  within 
thirty  days  after  qualifying,  file  with  the  City  Clerk,  and 
pu'blish  at  least  once  in  a  daily  newspaper  of  general  cir- 
culation, or  weekly,  if  there  be  no  daily  newspaper  pub- 
lished, his  sworn  statement  of  all  his  election  and  cam- 
I^aign  expenses,  and  by  whom  such  funds  were  con- 
tributed. 

Any  violation  of  the  provisions  of  this  section  shall 
be  a  misdemeanor  and  give  ground  for  the  removal  from 
office. 


Monthly  financial 
statement. 


Sec.  26.  The  Council  shall  each  month  print  in  pam- 
phlet form  a  detailed  itemized  statement  of  all  receipts 
and  expenses  of  the  city  and  a  summary  of  its  proceed- 
ings during  the  preceding  month,  and  furnish  printed 
copies  thereof  to  the  state  library,  the  city  library,  the 
daily  newspapers  of  the  city,  and  to  the  persons  who 
shall  apply  therefor  at  the  office  of  the  City  Clerk.  At 
the  end  of  each  year  the  Council  shall  cause  a  full  and 
complete   examination   of   all   the  books   and   accounts   of 


STATE    OF   MONTANA  227 

the  city  to  be  made  by  competent  accountants,  and  shall 
pnb'ish  the  result  of  such  examination  in  the  manner 
above  provided  for  publication  of  statements  of  monthly 
expenditure. 

Sec.  2j.  If,  at  the  beginning  of  the  term  of  office  of  Appropriations. 
the  first  Council  elected  in  such  city  under  the  provisions 
of  this  act,  the  appropriations  for  the  expenditures  of  the 
city  government  for  the  current  fiscal  year  ha^e  been 
made,  said  Council  shall  have  power,  by  ordinance,  to 
revise,  repeal  or  change  said  appropriations  and  to  make 
additional    appropriations.  ' 

Sec.  28.  In  the  construction  of  this  act  the  following 
rules  shall   be   observed,   unless   such  construction   would  Construction  of 

act,    definitions. 

be  inconsistent  with  the  manifest  intent,  or  repugnant 
to  the  context  of  the  statute: 

First — The  words  "Councilman"  or  "Alderman"  shall 
be  construed  to  mean  "Councilman"  when  applied  to  cities 
under  this   act. 

Second — When  an  office  or  officer  is  named  in  any  law 
referred   to   in   this   act,    it   shall,   when   applied   to  cities  , 

under  this  act,  be  construed  to  mean  the  office  or  officer 
having  the  same  function  or  duties  under  the  provisions 
of  this  act,  or  under  ordinances  passed  under  authority 
thereof. 

Third — The  words  "franchise'  or  "right"  shall  include 
every  special  privilege  in  the  streets,  highways  and  public 
places  of  the  city,  whether  granted  by  the  State  or  the 
city,  which  does  not  belong  to  citizens  generally  by  com- 
mon right. 

Fourth — ^The  word  "electors"  shall  be  construed  to  mean 
persons  qualified  to  vote  for  elective  offices  at  regular 
municipal   elections. 

Sec.  29.  The  holder  of  any  elective  office  may  be  re- 
moved at  any  time  by  the  electors  qualified  to  vote  for  a  Recall  of  officers, 
successor  of  such  incum'bent.  The  procedure  to  effect 
the  removal  of  an  incumbent  of  an  elective  office  shall 
be  as  follows :  A  petition  signed  by  twenty-five  per  cent 
of  all  qualified  electors  registered  for  the  last  preceding 
general  municipal  election,  demanding  an  election  of  a 
successor   of  the   person   sought   to   be   removed   shall   be 


228 


ELECTION  LAWS 


I'rocedure. 


Petition. 


Election,    how 
conducted. 


filed  with  the  City  Clerk,  which  petition  shall  contain 
a  general  statement  of  the  grounds  for  which  the  removal 
is  sought.  The  signatures  to  the  petition  need  not  be 
appended  to  one  paper,  but  each  signer  shall  add  to  his 
signature  his  place  of  residence,  giving  the  street  and 
number.  One  of  the  signers  of  such  paper  shall  make 
oath  before  an  officer  competent  to  administer  oaths  that 
the  statements  therein  are  true,  as  he  believes,  and  that 
each  signature  to  the  paper  appended  is  the  genuine 
signature  of  the  person  whose  name  it  purports  to  be. 
Within  ten  days  from  the  date  of  filing  of  such  petition 
the  City  Clerk  shall  examine,  and  from  the  voters'  register 
ascertain  whether  or  not  said  petition  is  signed  by  the 
requisite  number  of  qualified  electors,  and,  if  necessary, 
the  Council  shall  allow  him  extra  help  for  that  purpose ; 
and  he  shall  attach  to  said  petition  his  certificate  showing 
the  result  of  said  examination.  If,  by  the  Clerk's  certifi- 
cate, the  petition  is  shown  to  be  insufficient,  it  may  be 
amended  within  ten  days  from  the  date  of  said  certificate. 
The  Clerk  shall,  within  ten  days  after  such  amendment, 
make  like  examination  of  the  amended  petition,  and  if 
his  certificate  shall  show  the  same  to  be  insufficient, 
it  shall  be  returned  to  the  person  filing  the  same ;  without 
prejudice,  however,  to  the  filing  of  a  new  petition  to  the 
same  effect.  If  the  petition  shall  be  deemed  to  be  suf- 
ficient the  Clerk  shall  submit  the  same  to  the  Council 
without  delay.  If  the  petition  shall  be  found  to  be  suf- 
ficient the  Council  shall  order  and  fix  a  date  for  holding 
said  election,  not  less  than  thirty  nor  more  than  forty 
days  from  the  date  of  the  Clerk's  certificate  to  the  Coun- 
cil that  a  suffiicient  petition   is   filed. 

The  Council  shall  make,  or  cause  to  be  made,  publica- 
tion of  notice  and  all  arrangements  for  holding  such  elec- 
tion, and  the  same  shall  be  conducted,  returned  and  the 
result  thereof  declared,  in  all  respects  as  are  other  elec- 
tions. 

So  far  as  applicable,  except  as  otherwise  herein  pro- 
vided, nominations  hereunder  shall  be  made  without  the 
intervention  of  a  primary  election  by  filing  with  the 
Clerk  at  least  ten  days  prior  to  said  special  election,  a 
statement  of  candidacy  accompanied  by  a  petition  signed 


STATE  OF  MONTANA  229 

by  electors  entitled  to  vote  at  said  special  election  equal 
in  number  to  at  least  ten  per  cent  of  the  entire  number 
of  persons  registered  to  vote  at  the  last  preceding  general 
municipal  election,  which  said  statement  of  candidacy 
and  petition  shall  be  substantially  in  the  form  set  out  in 
Section  12  of  this  act,  so  far  as  the  same  is  applicable, 
substituting  the  word  "special"  for  the  word  "primary"' 
in  such  statement  and  petition,  and  stating  therein   that 

,  .  1-1.        r  1^-  "j-jr  •      Form    of   ballot. 

such  person  is  a  candidate  for  election  instead  01  nomi- 
nation. The  ballot  for  such  special  election  shall  be  in 
substantially  the  following  form : 

Official  Ballot. 
Special  election   for  the  balance  of  the  unexpired  term 

of  as   

For 

(Vote  for  one  only.) 

(Name  of  candidates.) 

Name  of  present  incumbent. 

Offiicial  ballot  attest: 

(Signature)  :    

City  Clerk. 
The  successor  of  any  officer  so  removed  shall  hold 
ofEce  during  the  unexpired  term  of  his  predecessor.  Any 
person  sought  to  be  removed  may  be  a  candidate  to  suc- 
ceed himself,  and  unless  he  requests  otherwise  in  writing.  Effect  of  election, 
the  Clerk  shall  place  his  name  on  the  official  ballot  with- 
out nomination.  In  any  such  removal  election,  the  can- 
didate receiving  the  highest  number  of  votes  shall  be 
declared  elected.  At  such  election,  if  some  other  person 
than  the  incumbent  receives  the  highest  number  of  votes 
the  incumbent  shall  thereupon  be  deemed  removed  from 
office  upon  the  qualification  of  his  successor.  In  case 
the  party  who  receives  the  highest  number  of  votes  should 
fail  to  qualify  within  ten  days  after  receiving  notification 
of  the  election  the  office  shall  be  deemed  vacant.  If  the 
incumbent  receive  the  highest  number  of  votes,  he  shall 
continue  in  offi'ce.  The  said  method  of  removal  shall  be 
cumulative,  and  additional  to  the  methods  heretofore  pro- 
vided by  law. 

Sec.   30.      Any    proposed    ordinance    may    be    submitted 
to  the  Council  by  petition  signed  by  electors  of  the  city 


230  ELECTION  LAWS 

Electors    proposing  eoual   in   number  to   the  percentage   hereinafter   required. 

ordinances.  ^  .^         .  .  .  .^         .  , 

The  signature,  verification,  inspection,  certincation,  amend- 
ment and  submission  of  such  petition  shall  be  the  same 
as  provided  for  petition  under  Section  29  hereof.  If  the 
petition  accompanying  the  proposed  ordinance  be  signed 
by  electors  equal  in  number  to  twenty-five  per  centum 
of  the  entire  number  of  persons  registered  to  vote  at 
the  last  preceding  general  election,  and  contains  a  request 
that  the  said  ordinance  be  submitted  to  a  vote  of  the 
people,  if  not  passed  by  the  Council,  such  Council  shall 
either — 

(A)  Pass  each  ordinance  without  alteration  within 
twenty   days   after   the   attachment   of   the    Clerk's   certifi- 

Procedure, 

cate  to  the  accompanymg  petition,  or — 

(B)  Forthwith,  after  the  Clerk  shall  attach  to  the 
petition  accompanying  such  ordinance  his  certificate  of 
sufficiency,  the  Council  shall  call  a  special  election,  unless 
a  general  municipal  election  is  fixed  by  law,  within  thirty 
days  thereafter,  and  at  such  special  or  general  municipal 
election,  if  one  is  so  fixed,  such  ordinance  shall  be  sub- 
mitted to  the  vote  of  the  electors  of  such  city. 

But  if  the  petition  is  signed  by  not  less  than  ten  nor 
more  than  twenty-five  per  centum  of  the  electors,  as 
above  defined,  then  the  Council  shall,  within  twenty  days, 
pass  said  ordinance  without  change,  or  submit  the  same 
at  the  next  general  city  election  occurring  after  the  Clerk's 
certificate  of  sufficiency  is   attached  to  said  petition. 

The  ballots  used  when  voting  upon  said  ordinance  shall 
contain  these  words :  "For  the  ordinance"  (stating  the 
nature  of  the  proposed  ordinance),  and  "Against  the  ordi- 
nance" (stating  the  nature  of  the  proposed  ordinance). 
If  a  majority  of  the  qualified  electors  voting  on  the  pro- 
posed ordinance  shall  vote  in  favor  thereof,  suoh  ordi- 
nance shall  thereupon  become  a  valid  and  binding  ordi- 
nance of  the  city;  and  any  ordinance  proposed  by  the 
petition  (of)  which  shall  !be  adopted  by  a  vote  of  the 
people,  cannot  be  repealed  or  amended  except  'by  a  vote 
of  the  people. 

Any  number  of  proposed  ordinances  may  be  voted 
upon  at  the  same  election,  in  accordance  with  the  pro- 
visions of  this  section;  but  there  shall  not  be  more  than 


STATE   OF  MONTANA  231 

one  special  election  in  any  period  of  six  months  for  such 
purposes. 

The  Council  may  submit  a  proposition  for  the  repeal 
of  any  such  ordinance  or  for  amendments  thereto,  to  be 
voted  upon  at  any  succeeding  'general  city  election ;  and  Ordinances, 
should  such  proposition  so  submitted  receive  a  majority 
nf  the  votes  cast  thereon  at  such  election,  such  ordinance 
shall  thereby  be  repealed  or  amended  accordingly.  When- 
ever any  ordinance  or  proposition  is  required  by  this 
act  to  be  submitted  to  the  voters  of  the  city  at  any 
election,  the  City  Clerk  shall  cause  such  ordinance  or 
proposition  to  be  published  once  in  each  of  the  daily 
newspapers  published  in  such  city,  and  if  there  be  none, 
then  one  time  in  each  weekly  newspaper  published  therein ; 
such  publication  to  be  not  more  than  twenty  nor  less 
than  five  days  before  the  submission  of  such  proposition 
or  ordinance  to  be  voted  on. 

Sec.  31.  No  ordinance  passed  by  the  Council,  except 
when  otherwise  required  'by  the  general  laws  of  this 
State  or  the  provisions  of  this  act,  except  an  ordinance 
for  the  immediate  preservation  of  the  public  peace,  health  Suspending 
or  safety,  which  contains  a  statement  of  its  urgency,  and 
is  passed  by  a  two-thirds  vote  of  the  Council,  shall  go 
into  effect  before  ten  days  from  the  time  of  its  final 
passage;  and  if  during  said  ten  days  a  petition  signed  by 
electors  of  the  city  equal  in  number  to  at  least  twenty-five 
per  centum  of  the  entire  number  of  persons  registered 
to  vote  at  the  last  preceding  general  municipal  election, 
protesting  against  the  passage  of  such  ordinance,  be  pre- 
sented to  the  Council,  the  same  shall  thereupon  be  sus- 
pended from  going  into  operation,  and  it  shall  be  the 
duty  of  the  Council  to  reconsider  such  ordinance ;  and 
if   the    same    is    not   entirely   repealed,    the    Council    shall  ' 

submit  the  ordinance,  as  is  provided  by  Subdivision  (B) 
of  Section  30  of  this  act,  to  the  vote  of  the  electors  of 
the  city,  either  at  a  general  election  or  at  a  special  mu- 
nicipal election  to  be  called  for  that  purpose;  and  such 
ordinance  shall  not  go  into  effect  or  become  operative 
inless  a  majority  of  the  qualified  electors  voting  on  the 
same  shall  vote  in  favor  thereof.  Said  petition  shall  be  in 
all    respects    in    accordance    with    the    provisions    of    said 


J32  ELECTION  LAWS 

Section  30,  except  as  to  the  percentage  of  signers,  and 
be  examined  and  certified  to  by  the  Clerk  in  all  respects 
as  therein  provided. 

Sec.  32.     Any  city  which  shall  have  operated  for  more 
than    one    year    under    the    provisions    of    this    act    may 
abandon  such  organization  hereunder  and  accept  the  pro- 
visions of  the  general  law  of  the  State  then  applicable  to 
^^    ^  ^     »       cities  of  its  population. 

Abandonment    of  r    i' 

p?S:Tdure°''  ^^^"'  Upon   the   petition   of   not   less   than   25  per   centum   of 

^he  electors  of  such  city  registered  for  the  last  preceding 
general  election,  a  special  election  shall  be  called,  at  which 
^he  following  proposition   only  shall  be  submitted : 

"Shall  the  city  of  (name  the  city)  abandon  its  or- 
ganization under  Chapter  57  of  the  Acts  of  the  Twelfth 
Legislative  Assembly  and  become  a  city  under  the  general 
law  governing  cities  of  like  population ;  or  if  formerly 
organized  under  special  charter  shall  resume  said  special 
charter?" 

If  the  majority  of  the  votes  cast  at  such  special  election 
be  in  favor  of  such  proposition,  the  officers  elected  at 
the  next  succeeding  biennial  election  shall  be  those  then 
prescribed  by  the  general  law  of  th  State  for  cities  of 
like  population,  and  upon  the  qualification  of  such  officers 
such  city  shall  become  a  city  under  such  general  law 
of  the  State,  but  such  change  shall  not  in  any  manner 
or  degree  efifect  the  property,  rights  or  liabilities  of  any 
nature  of  such  city  but  shall  merely  extend  to  each 
change  in  its   form  of  government. 

The  sufficiency  of  such  petition  shall  be  determined, 
the  election  ordered  and  conducted  and  the  results  de- 
clared generally  as  provided  for  by  Section  29  of  this 
act,  insofar  as  the  provisions  thereof  are  applicable;  or  if 
now  organized  under  special  charter,  may  resume  said 
special  charter.  Whenever  the  form  of  government  of 
any  city  is  determined  by  a  vote  of  the  people  under 
the  provision  of  this  section,  the  same  question  shall 
not  be  submitted  again  for  a  period  of  two  years,  and 
any  ordinance  adopted  by  a  vote  of  the  people  shall  not  be 
repealed  or  the  same  question  submitted  for  a  period  of 
two  years. 


Petition,    form    of 


STATE   OP   MONTANA  233 

(Act  approved  March  i8,  1913;  Chapter  128,  Laws 
1913,  p.  480.) 

Sec.  33.  Petition  provided  for  in  this  act  shall  be  signed 
by  none  but  legal  voters  of  the  city.  Each  petition  shall 
contain,  in  addition  to  the  names  of  the  petitioners,  the 
street  and  house  number  in  which  the  petitioner  resides, 
his  age  and  length  of  residence  in  the  city.  It  shall  also 
be  accompanied  by  the  affidavit  of  one  or  more  legal 
voters  of  the  city,  stating  that  the  signers  thereof  were, 
at  the  tim^  of  signing,  legal  voters  of  said  city,  and  the 
number  of  signers  at  the  time  the  affidavit  was  made. 

Sec.  34.  All  acts  and  parts  of  acts  and  all  laws  not 
inconsistent  with  any  of  the  provisions  of  this  act,  now 
in  force  or  hereafter  enacted,  relative  to  muncipal  cor-  existing"  laws, 
porations  are  hereby  continued  in  full  force  and  effect 
and  shall  be  considered  and  construed  as  not  repealed 
by  this  act,  except  insofar  as  the  same  may  be  in  con- 
flict or  inconsistent  with  the  provisions  of  this  act. 

Sec.  35.     All   laws"  and  parts  of  laws  in  conflict  here-  Repealing  clause, 
with  are  hereby   repealed.  ^ 

Sec.   36.     This   act  shall  become   effective   immediately  ^ct  takes  effect, 
upon   its  passage  and  approval.  -^.^^  when. 

(Approved    February    28,    191 1.) 


Effect   of   act   upon 


STATE  OF  MONTANA  235 


ELECTIONS  RELATING  TO  SCHOOL  MATTERS. 


Election  of  School  Trustees. 

(Laws  of  1913,  Chapter  "j^.     Approved  March  12,  1913. 
Act  providing  for  a  uniform  system  of  school  laws.    Pages 
224-229.) 
Section  500.    Qualifications    Necessary. 

501.     Number  in   Different   Districts. 
^  502.     Annual    Electioni 

(2)  Districts  of  Second   and   Third   Classes. 

(3)  Districts   of   First   Class. 

(4)  Poll   and   Tally   List— Certificate     of     Judges 

and   Canvass  of  Votes. 

(5)  Term  of  Office. 

(G)  Vacancy   in    School   Board. 

(7)  Removal  of  Trustee. 

(8)  Clerk— Vacancy   in   Office. 

(9)  Terms  of  Trustees;   How  to  Be  Arranged. 

(10)  Qualifications   of   Electors. 

(11)  Challenges. 

(12)  Expenses  of  Election. 

Sec.  J^oo.     Qualifications. — Any  person,  male  or  female,  "^ 

.  ,.-  \  ,  -  .  Qualification    of 

vv.no   is  a   quahned  voter  at  any  election   under  this  act,  trustees. 
shall  he  eligible  to  the  ofEce  of  School  Trustee  in  such 
district. 

Sec.  501.     Number. — In  districts  of  the  first  class,  the 
number   of   Trustees    shall   be    seven,    in    districts    of   the  Number    of    trus- 
eecond  class  the  number  of  Trustees  shall  fbe  five,  and  in  c?ass  "districts!^ 
districts  of  the  third  class  the  number  of  Trustees  shall 
be   three. 

Sec.   502.      I.     Election — An   annual   election   of   School 
Trustees  shall  be  held  in  each  school  district  in  the  State  Annual  election  of 
on  the  first  Saturday  in  April,  in  each  year,-  at  the  district  hew^^hen^  aid ^^ 
school  house,  if  there  be  one,  and  if- there  be  none,  at  a  ^here. 
place  designated  by  the  Board  of  Trustees. 

2.    Districts  of  the  Second  and  Third  Classes — (a)  Nomi-  ,^     , 

^    ^  Isominations    in 

nation. — In  districts  of  the  second  and  third   classes,   the  districts  of  second 

ri,  1-1  r  11.  1011     ^"^    third   class. 

names  of  all  candidates  for  membership  on  the  School 
Board  must  be  received  and  filed  by  the  Clerk  and  posted 
at  each  polling  place  at  least  five  days  next  preceding 
the   election.     Any   five   qualified   electors   of   the    district  nate  and^how""'" 


236 


ELECTION  LAWS 


In  districts  of  sec- 
ond and  third  class 
trustees  to  super- 
vise   elections. 

Clerk    shall    post 
notice. 

Contents  of  notice. 


Judges,     appointed 
by  whom. 


Appointment    when 
not    present    at 
opening    of    polls. 


Clerk  of  election. 


Ballots  and  voting. 


Polls    open    for 
what    time. 


Nominations    in 
districts    of    first 
class. 


How    made. 


Electors    required 
at    nominating 
meeting. 


Certificate  of  nom- 
ination;  contents. 


may  file  with  the  Clerk  the  nominations  of  as  many 
persons  as  are  to  he  elected  to  the  School  Board  at  the 
ensuing  election. 

(b)  Conduct  of  Election. — In  districts  of  the  second 
and  third  classes,  the  election  of  School  Trustees  shall 
be  held  and  conducted  under  the  supervision  of  the  Board 
of  School  Trustees.  The  Clerk  of  the  School  District 
must  not  less  than  fifteen  days  before  the  election  re- 
quired under  this  act,  post  notices  in  three  public  places 
in  said  district,  and  in  incorporated  cities  in  each  ward, 
which  notices  must  specify  the  time  and  place  of  election, 
and  the  hours  during  which  the  polls  will  be  open.  The 
Trustees  must  appoint  by  an  order  entered  in  their  rec- 
ords three  qualified  electors  of  said  district  to  act  as 
judges  at  such  election,  and  the  Clerk  of  the  district 
shall  notify  them  by  mail  of  their  appointment.  If  the 
judges  named  are  not  present  at  the  time  for  opening 
the  polls,  the  electors  present  may  appoint  judges,  and 
the  judges  so  appointed  shall  designate  one  of  their  num- 
ber to  act  as  clerk.  The  voting  must  be  by  ballot,  with- 
out reference  to  the  general  election  laws  in  regard  to 
nominations,  form  of  ballot  or  manner  of  voting,  and  the 
polls  shall  be  open  for  such  length  of  time  as  the  Board  of 
trustees  may  order;  Provided,  that  such  polls  must  be 
open   from   two   p.    m.   to   six   p.   m. 

3.      Districts    of    the    First    Class — (a)     Nomination. — 

In  districts  of  the  first  class  no  person  shall  be  voted 
for  or  elected  as  Trustee  unless  he  has  been  nominated 
therefor  by  a  bona  fide  public  meeting,  held  in  the  dis- 
trict at  last  ten  days  before  the  day  of  election,  and  at 
which  at  least  twenty  qualified  electors  were  present,  and 
a  chairman  and  secretary  were  elected,  and  a  certificate 
of  such  nomination,  setting  forth  the  place  where  the 
meeting  was  held,  ■  giving  the  names  of  the  candidates 
in  full,  and  if  there  are  different  terms  to  be  filled,  the 
term  for  which  such  candidate  was  nominated,  duly  cer- 
tified by  the  chairman  and  secretary  of  such  meeting, 
shall  be  filed  with  the  District  Clerk  at  least  eight  days 
before  the  day  of  the  election.  The  nomination  and  elec- 
tion of  any  person  shall  be  void,  unless  he  was  nominated. 


STATE    OF   MONTANA  237 

at  a  meeting  as  above  provided  at  which  at  least  twenty 
qualified  electors  were  present,  and  his  nomination  cer- 
tified and  filed  as  aforesaid,  and  the  Board  of  Trustees 
acting  as  a  canvassing  board  shall  not  count  any  votes 
for  any  person  unless  he  has  'been  so  nominated  and  a 
certificate  thereof  filed  as  herein  required. 

Board   of    trustees 

(b)      I.     Board  of  Trustees  to  Call  Election— Conduct  shaii  can  election 

^    ^  when   and   how. 

of  Election. — The  Board  of  Trustees  shall  at  least  thirty 
days  before  the  annual  election  of  School  Trustees,  by  Polling  places  and 
an  order  entered  upon  the  minutes  of  their  meeting,  desig- 
nate and  establish  a  suitable  number  of  polling  places  and 
create  an  equal  number  of  election  precincts  to  corre- 
spond  and   define   the   boundaries   thereof. 

2.  Notice. — The  District  Clerk  shall  at  least  fifteen  days  in  districts  of  first 

.  ,,..,..  -,-  ,  .  class  duty   of  clerk 

before    the    election    in    districts    of    the    first    class,    give   to  give  notices  of 

•  GlGCtions 

notice  of  the  election  to  be  held  in  all  such  districts,  by 
posting  a  notice  thereof  in  three  public  places  in  the  Posting  notices, 
district,  and  in  incorporated  cities  and  towns  in  each 
ward,  which  notices  must  specify  the  time  and  place  of 
election,  the  number  of  Trustees,  and  the  terms  for  which 
they  are  to  be  elected,  and  the  hours  during  which  the 
polls  will  be  open.  Whenever  in  the  judgment  of  the  pubUshed.^^^ 
Board  of  Trustees  the  best  interests  of  the  district  will 
be  served  by  the  publication  of  such  notices  of  election 
in  some  newspaper  in  the  county,  they  may,  by  an  order 
entered  on  the  minutes  of  their  meeting,  direct  the  Dis- 
trict Clerk  to  publish  the  notice  of  election  required  to* 
be  given  in  districts  of  the  first  class,  in  some  newspaper 
in   the   county. 

3.  Hours  of  Election. — In  districts  of  the  first  class  Poiis  to  be  open  in 
the  polls  must  be  opened  at  eight  o'clock  a.  m.  and  kept  cias?^^ur^ng^^what 
open    until    twelve    o'clock    m.,    and    from    one    o"clock  ^°"''^' 

p.  m.  until  eight  o'clock  p.  m. 

4.  Judges. — The   Board   of   District   Trustees   shall,   at 
least   ten   days   before   the   day  of   the   annual   election   of 

Trustees  in   any   district  of  the  first   class,  appoint  three  of  firYt  c"ass^\o^^be 
qualified    electors    of   the    district    for    each    polling    place  |?ifom"^^and^ 
established  to  act  as  judges  of  election,  and  the  District  "^®"^^^^- 
Clerk  shall  notify  such  person  by  mail  of  their  appoint- 
ment.    Such  judges  shall  designate   one  of  their  number  judges.**'  notify 


Form  of  ballots. 


238  -  ELECTION  LAWS 

Any  judge  to  be      ^o  act  as  clerk  of  such  election.     If  the  judges  appointed, 

clerk   of   election.  ^       ^     ^i         .•  r  ^u 

or    any    of    them,    are    not    present    at    the    time    for    the 
When  judges  ooeninp"   of   the    polls,    the    electors   present   may    appoint 

chosen    by    electors       ^  o  ,  ^^r     ■,        ^      .  .  ^-^i 

present.  judges,    who    must    be    qualined    electors,    to    act    m    the 

place  of  those  who   are  absent. 

Ballots  to  show  5.     Ballots  and  Method  of  Voting. — In   districts  of  the 

^^^*'  first   class,   the  ballot   shall   show   the"  name   or   names   of 

the  candidates  and  the  length  of  time  for  which  they 
are  to  be  elected.  These  ballots  shall  be  as  near  as  possi- 
ble in  the  following  form: 

For  School  Trustees. 

For  Three   (3)  Year  Term. 
Vote  for  Three : 

John  Abner. 

William   Brown. 

Adam   Smith. 

For  One   (i)   Year  Term. 

George    Davis. 

?oii  list  must  be  4-     PoU  and  Tally  List — Certificate  of  Judges  and  Can- 

^'^P^*  vass  of  Votes.— At   every   election   held   under  this   act   a 

Duty  of  judges  in   poU   Hst   shall  be   kept   by  the   judges   and   clerk   at   each 

fot^s^  cLt"'°than''^"   polling  placc,  and  immediately  after  the  close  of  tha  polls 

there  are  voters.      ^^^  judges  shall  count  the  ballots,  and  if  there  be  more 

ballots    than    votes    cast    the    judges    must    draw    'by    lot 

from   the   ballots   without   seeing  them,   sufficient   number 

of  ballots  to  make  the  ballots  remaining  correspond  with 

How  voters  names   ^1^6    number    of    the    votcs    cast.      The    clerk    shall    write 

be  entered.      ^Jqwu   in   alphabetical .  Order   in   a   poll   book   provided   for 

that    purpose    the    name   of    every    person    voting    at    the 

Tally  lists  shall  be  time  he  dcposits  his  ballot.     There  shall  also  'be  provided 

^^^^'^  ^^'  a  tally  list  for  each  polling  place ;  after  the  ballots  have 

Ballots  to  be  been   counted   and   made   to   agree   with   the   poll   list   the 

counted    when.         judges    shall    proceed    to    count    them.      The    clerk    shall 

Entries  to  be  made   enter   in   the   tally   list   the   name   of   every   person    voted 

tally   list.  £.Qj.  ^g  trustee,  and  the  term,  and  tally  opposite  his  name 

the  number  of  votes  cast  for  him,  and  at  the  end  thereof 

set    down    in    a    column    provided    for    that    purpose    the 

whole    number    of    votes    he    received.      The    judges    and 

Verified  certificate     ^^^rk  shall  sigu  a  certificate  to  'said  tally  list  setting  forth 

to   tally   list.  ^111  1  r  r  , 

the  whole  number  of  votes  cast  for  each  person  or  trustee, 


STATE   OF   MONTANA  239 

designating  the  term,  and  they  shall  verify  the  same  as 

being  correct   to  the  best  of  their  knowledge   before   an  vuSS^eil^ctiSS^  ^"^ 

officer  authorized  to  administer  oaths.     No  informality  in  when. 

such  certificate  shall  vitiate  the  election,  if  the  number  of  j^^^^^.^  ^^  ^ooi^g 

votes  received   for  each  person   can   reasonably  be  ascer-  g^fj.^^"^  trustees 

tained    from    said    tally   list.      Said   books   and   tally   lists  and  canvas  of 

■^  -^  votes. 

shall  be  returned  to  the  Board  of  Trustees  of  the  district, 
who  shall   canvass   the  vote  and   cause  the   Clerk   of  the  certificates   of 
district   to   issue   a   certificate  of   election   to   the   person 
or  persons  elected,  designating  their  term,  a  copy  of  which  oath   of   office   to 
must    be    forwarded    to    the    County    Superintendent    of  ^"^^"'  °^  "^"'°^^°"- 
Schools.     School  Trustees   are   hereby   authorized   to   ad- 
minister oaths  to  judges  of  election. 

5.  Term    of    Office  —  Vacancy — Oath    of    Trustee. — 

Trustees  elected  shall  take  office  immediately  after  quali-  1:^^^  ^^  ^^^f' 
fying  and   shall   hold   offite   for  the   term   of   three   years  ^ence. 
except   as    elsewhere   expressly   provided,   and    until   their 
successors  are  elected  and  qualified,  or  appointed  by  the  vacancies  in  the 
County  Superintendent  of  Schools  and   qualified.     A   va-  by''';^hom.  ^^   ^"^*^ 
cancy  in   the  office  of  School   Trustee   must  be  filled  by 
appointment    by    the    County    Superintendent    of    Schools 
subject   to   confirmation   by   a   majority   of  the   remaining 
mem'bers   of  said  board,   if  those   remaining  constitute   a 
majority  of  the  total  number  of  the  board,  which  Trustee  JppSn?eV"rustees. 
so  appointed  shall  hold  office  until  the  next  annual  elec- 
tion,  at   which   election    there    shall   be   elected    a    School 

_  .  ,  .       ,  _  _  ,,    Oath    of    office    to 

irustee    for    the    unexpired    teran.      Every    Trustee    shall  be  filed  within 

file    his   oath    of   office   with   the    County    Superintendent 

of  Schools.     Any  trustee  who  shall  fail  to  qualify  within  Failure  to  qualify. 

fifteen    days    after    being    elected    shall    forfeit    all    rights 

to  office,  and  the  County  Superintendent  of  Schools  shall 

appoint  to  fill  the  vacancy  in  the  office  of  School  Trustee. 

6.  Vacancy  in  School  Board. — When  any  vacancy  oc-  vacancies    in    of- 

^  rn,  r    ^  r  ,,,..,         fice    of    trustee    to 

curs   in   the   omjce  of    irustee   of   any   school    district    by  be   certified   to 

.......  .  .  county   superin- 

death,    resignation,    failure   to    elect   at    the    proper    time,  tendent. 
removal    from    the    district,    or    other    cause,    the    fact    of 
such  vacancy  shall  be  immediately  certified  to  the  County 
Superintendent   by   the    Clerk   of   the   school   district,   and 
the   County   Superintendent  shall   immediately   appoint   in 

.   .  ,  ,     ,1  f-r  ^^^y     ^^     appoint 

writing    some    competent    person    who    shall    qualify    and  and    fiii    vacancy, 
serve  until  the  next  annual  school  election.     The  County 


240 


ELECTION  LAWS 


Notice    to    clerk    of 
appointment. 

When    absence 
from    school    dis- 
trict   shall    consti- 
tute   a    vacancy. 


Removal    of    trus- 
tees   by   court. 


By  board  of  county 
commissioners  may 
suspend. 


Vacancy     in     office 
of   school   cler'-c 
filled   by   whom. 


Notice    to    superin- 
tendent. 


Expirations    of 
terms    of    trustees 
to   be  arranged 
how. 


When     determined 
by    lot. 


Superintendent  shall  at  the  same  time  notify  the  Clerk 
of  the  school  district  of  every  such  appointment ;  Provided, 
that  absence  from  the  school  district  for  sixty  consecutive 
days  shall  constitute  a  vacancy  in  the  ofihce  of  Trustee. 

7.  Trustees— How  Removed. — Any  School  Trustee  may 
be  removed  from  office  by  a  court  of  competent  juris- 
diction 'by  law  for  removal  of  elective  civil  officers; 
Provided,  however,  that  upon  charges  being  preferred 
and  good  cause  shown,  the  Board  of  County  Commis- 
sioners may  suspend  a  Trustee  until  such  time  as  such 
charges  can  be  heard  in  the  court  having  jurisdiction 
thereof. 

8.  Vacancy   in    Office   of   Clerk. — Should    the   office   of 

ilie  Clerk  of  the  School  District  become  vacant,  the  Board 
of  School  Trustees  shall  immediately  fill  such  vacancy 
by  appointment,  and  the  chairman  of  the  Board  of  School 
Trustees  shall  immediately  notify  the  County  Superin- 
tendent of  such  appointment. 

9.  Rearrangement  of  Terms  to  Prevent  the  Election 
of  a  Majority  of  the  Trustees. — When  at  any  annual 
school  election  the  terms  of  a  majority  of  the  Trustees 
regularly  expire ;  in  districts  of  the  first  class,  three 
trustees,  in  districts  of  the  second  class,  two  trustees, 
in  districts  of  the  third  class,  one  trustee,  shall  be  elected 
for  three  years,  and  the  remaining  Trustee  or  Trusteeb 
whose  terms  shall  expire  shall  hold  over  for  one  or  two 
years  as  may  be  necessary  to  prevent  the  terms  of  a 
majority  of  the  Board  of  Trustees  expiring  in  any  one 
year;  Provided,  that  it  shall  be  determined  by  lot  what 
trustees  shall  hold  over  and  for  what  term. 


Residence  qualifi- 
cation of  electors 
required. 


V^T'omen    can    vote. 


10.  Qualifications  of  Electors. — Every  citizen  of  the 
United  States  who  has  resided  in  the  State  oi  Montana 
for  one  year,  and  thirty  days  in  the  school  district,  next 
preceding  the  election,  may  vote  thereat.  Women  of 
the  age  of  twenty-one  years  and  upwards,  who  are  citizens 
of  the  United  States  and  who  have  resided  in  the  State 
of  Montana  one  year  and  in  the  school  district  for  thirty 
days  next  preceding  the  day  of  the  election,  may  vote 
thereat. 


STATE    OF   MONTANA  241 

11.  Challenges— Oath  of  Voters.— Any  person  offering  to?s.^"^"^^^  °^  ^^^°" 
to  vote  may  be  challenged  'by  any  elector  of  the  district, 

and  the  judges  must  thereupon  administer  to  the  person 
challenged  an  oath  or  affirmation  in  substance  as  follows: 
"You  do  solemnly  swear  (or  affiirm)  that  you  are  a  citizen   [^?'e?ed°in^cas?^of 
of  the   United   States;   that  you   are   twenty-one   years   of  challenge, 
age,  and  that  you  have  resided  in  the  State  one  year  and  ^^^^  ^      ^^ 
in    this    school    district    thirty    days    next    preceding    this  received  when, 
election,  and  that  you   have  not  voted  this  day,   so   help 
you   God."     If  he  takes  this  oath  or  affirmation  his  vote 
must  be   received ;  otherwise  rejected.     Any   person   who  perjury 
shall    swear    falsely    before    any    such    judge    of    election 
shall   be  guilty  of  perjury  and   shall  be  punished   accord- 
ingly. 

12.  Expenses  of  Election. — All  the  expenses  necessarilv  How    expenses    of 

1     •  1  rill-  1         •  r  r-    1       ^    election    are    to    be 

incurred    in    the    matter   of   holding    elections    for    School  paid. 
Trustees    shall    be   paid    out   of   the   school    funds    of    the 

...  T     1  r      1        •  r     1-        •  r      1        r-  ,    Compensation     of 

district.     Judges   of   election   of   districts   of  the   first   and   election  judges. 

second  class  shall  receive  not  to  exceed  three  dollars  per 

day  each  for  all  services  connected  with   the  election.  ' 


Consolidation   of    School    Districts. 

(Laws  of  1913,  Chapter  76.     Approved  March  12,   1913. 
Pages  222,  223.) 

Sec.  407.     Consolidated   District,      i.     Two   Methods. — 

That   two   or   more   school   districts  may   be   consolidated  ^e^'^onsoifdat^ed'"^^ 
either  by  the   formation  of  a   new   district  or  by   the   an- 
nexation of  one  or  more  districts  to  an  existing  district, 
as   hereinafter  provided. 

2.    Order  of  Procedure — Petition. — Whenever  the  County  ^ 

-'     Procedure    to    con- 

Superintendent  of  Schools  receives  a  petition   signed  and   soiidate. 
acknowledged  by   a   majority   of  the   resident   freeholders 
of  each  district  affected,  qualified  to  vote  at  school   elec- 
tions, praying  for  consolidation,  he  shall  within  ten  days  pog^jng  ^f  notice 
cause  a  ten  days  posted  notice  to  be  given  by  the  Clerk   °^  election, 
in   each  district,  such  notice  to  be  posted  in  three   public 
places,    in    each    district,    of    an    election    in    such    district 
at  a   time   and   place  specified   in   each   notice,  to  vote  on   Ballots  at  such 
the  question  of  consolidation.     The  votes  at  such  election   election, 
shall   be  by  ballot   which   shall   read   "For   consolidation" 


242 


ELECTION  LAWS 


Duty    of    election 
officer. 


Duty   of   superin- 
tendent  when   con- 
solidation carries. 


Election    of   trus- 
tees   and    their 
terms    of    ofEice. 


or  "Against  consolidation."  The  presiding  officer  at  such 
election  shall  within  ten  days  thereafter  certify  the  re- 
sult of  the  vote  to  the  County  Superintendent  of  the 
County  in  which  the  district  mainly  lies.  If  the  majority 
of  the  votes  cast  in  each  district  be  for  consolidation, 
it  carries,  and  the  Superintendent,  within  ten  days  there- 
after, shall  make  proper  orders  to  give  effect  to  such 
vote  and  shall  thereafter  transmit  a  copy  thereof  to  the 
County  Clerk  and  Recorder  of  each  county  in  which  any 
part  of  any  district  lies,  and  the  Clerk  of  each  district 
affected.  If  the  order  be  for  the  formation  of  a  new 
district,  it  shall  specify  the  name  and  number  of  such 
district,  and  he  shall  appoint  three  trustees  to  serve  until 
the  first  Saturday  in  April  succeeding.  At  the  regular 
election  succeeding  there  shall  be  elected  by  the  regu- 
larily  qualified  electors  three  Trustees,  one  of  whom  shall 
serve  for  one  year,  one  for  two  years  and  one  for  three 
years.  The  election  of  Trustee  and  terms  shall  be  the 
same  as  for  other  districts  under  the  general  school  laws. 


When  board  of 
trustees  shall  call 
meeting  to  deter- 
mine questions  of 
selecting,  purchas- 
ing-, exchanging  or 
selling  school 
house    site. 


How  election  to  be 
conducted    and 
votes    canvassed. 


Posting     of     notice 
of   meeting  for 
election. 


If  majority  vote  in 
affirmation  duty  of 
board   of   trustees. 


School    House    Sites. 

(Laws  of  1913,  Chapter  "jd.     Approved  March  12,  1913. 

Page  265.) 

Sec.  1600.  Whenever,  in  the  judgment  of  the  Board 
of  Trustees  of  any  school  district  of  the  third  class,  it  is 
desirable  to  select,  purchase,  exchange  or  sell  a  school 
house  site,  or  whenever  petitioned  so  to  do  by  one-third 
of  the  voters  of  such  district,  the  district  board  shall 
without  delay  call  a  meeting  at  some  convenient  time 
and  place  fixed  by  the  board,  to  vote  upon  such  question 
of  selection,  purchase,  exchange  or  sale  of  school  house 
site.  Such  election  shall  be  conducted  and  votes  can- 
vassed in  the  same  manner  as  at  the  annual  election  of 
school  officers.  Three  notices  giving  the  time,  place,  and 
purpose  of  such  meeting  shall  be  posted  in  three  public 
places  in  the  district  by  the  Clerk  at  least  ten  d.iys  prior 
to  such  meeting.  If  a  majority  of  the  voters  present  at 
such  meeting  shall  by  vote  decide  to  select,  purchase, 
exchange  or  sell  the  school  house  site,  the  board  shall 
carry  out  thr^  will  of  the  voters  thus  expressed;  Provided, 


STATE   OF   MONTANA  243 


that  it  shall  require  the  concurrence  of  a  majority  of  the.  SJ^^dSJric?^ ne?el^ 
voters  of  the  district  to  order  the  change  of  a  school  house  ^^^y- 
site,  and  any  sites  so  changed  cannot  again  be  changed 
within  three  years  from  the  date  of  such  action. 


County    High    Schools. 

Section  2100.    Any  County  May  Establish. 

2101.  Petition   for  Establisbmenit   and   Location. 

2102.  Election— Voting. 

2103.  Canvass  of  Returns. 

2109.     Submission  of  Question  of  Bond  Issue. 

2113.  Prior  Acts  Validated. 

2114.  Same. 

2115.  Bonds  Legalized. 

(Laws  of  1913,  Chapter  76.     Approved  March  12,  1913. 
Pages   296-298.) 

Sec.  2100.     Any  County  May  Establish  High  School. — 

Any  county  in  the  State  may  establish  a  high  school  on   eJtabiish^^^igh 
the  conditions  and  in  the  manner  hereinafter  prescribed, 
for   the   purpose   of  affording   better   educational   facilities 
for  pupils  more   advanced   than   those   attending  the   ele- 
mentary schools. 

Sec.  2101.     Petition  for  Establishment  and  Location.—  J^^^Seen  med"wuh 

Whenever   one   hundred   freeholders   in   any   county   shall  sfjjjfe^r^  to"estabiish 

petition  the  Board  of  County  Commissioners,  requesting  of  ^cferk^^to ° give^^ 

that   a    high    school   be    established    in    their    county,    the  notice. 

County  Clerk  shall  give  twenty   days  notice,  by  publica-  contents  of  notice, 

tion  in  the  official  paper  of  the  county,  that  such  petition  piaS^^for^the^o^a^ 

has   been   filed,   and   that   any   village,   tov^n   or   city    may  tion  ^of    the    high 

become  a   candidate   for  the  location  of  said  high  school  where   and   within 

.       what    time. 

Upon   petition   of   not   less   than   fifty   freeholders   of   said 

village,  town  or  city,  requesting  that  said  place  be  named 

as    the   candidate    for    the    location    of    said    high    school. 

All  nominations  of  places  for  the  location  of  said  school 

shall   be   filed   with   the   Board   of   County   Commissioners 

within  thirty  days  from  the  date  of  the  first  publication  of 

said  notice.     Any  number  of  places  may  be  candidates  for   piaces""Say^  be 

the  location  of  said  school,  but  no  freeholder  shall  append 

his   name    to   more    than    one   .petition.      If   such    petition   shaii  sign  but  one 

^  ^  petition. 

is  filed  at  any  time  when  the  Board  of  County   Commis- 
sioners  is   not   in   session,   the   County   Clerk   shall   notify   Duty  of  clerk. 


244 


ELECTION  LAWS 


Special    meeting 
shall    be    called. 


County  commis- 
sioners shall  call 
an  election  and 
appoint  precinct 
judges  and  clerks, 
when. 


How    election    shall 
be   conducted. 

Notice    of    election. 

Contents   of   notice. 


How    electors    shall 
vote. 


Ballots. 


To    vote    but    for 
one  place. 


the    Com'missioners   thereof,   and    a   special    meeting   shall 
be  held  to  call  the  necessary  election  herein  provided  for. 

2I02.  Election — Voting. — At  the  expiration  of  thirty 
days  from  the  date  of  the  first  publication  of  said  notice, 
the  County  Commissioners  shall  call  an  election  and 
appoint  precinct  judges  and  clerks.  Said  election  shall 
be  conducted  in  accordance  with  the  general  election  laws 
of  the  State.  The  County  Clerk  shall  give  twenty  days 
notice  of  such  election  by  publication  in  the  official  paper 
of  the  county  that  the  question  of  establishing  a  high 
school  in  said  county,  and  the  location  thereof,  will  be 
submitted  to  the  qualified  electors  of  said  county  at  a 
designated  time.  The  notice  shall  distinctly  specify  the 
places  which  are  candidates  in  the  forthcoming  election. 
The  qualified  electors  shall  vote  by  ballot,  for  or  against 
the  establishment  of  a  county  high  school,  and  on  separate 
ballots  with  the  names  of  the  place  or  places  that  are 
candidates  for  the  location  of  said  school  written  or 
printed  thereon,  vote  for  not  more  than  one  of  the  places 
named  upon  said  ballot  as  a  candidate  for  the  location 
of  said  school.  The  ^ballots  shall  be  substantially  in  the 
following  form : 


Form   of   ballots. 


Ballot  No.  I. 

For    a    County    High    School. 
Against   a   County   High   School. 


Ballot   No.   2. 

Helena. 
Marysville. 


How     to     mark 
ballot   when    voting 
for    establishing 
school. 


Marking    ballot. 


An  elector  desiring  to  vote  for  the  establishment  of 
a  high  school  shall  do  so  by  placing  an  "X"  before  the 
clause,  ''For  a  County  High  School,"  which  shall  be  a 
vote  in  favor  of  establishing  a  county  high  school.  An 
elector  desiring  to  vote  against  the  establishment  of  a 
high  school  shall  do  so  by  placing  an  "X"  before  the 
clause,  "Against  a  County  High  School."  An  elector 
desiring  to  vote  for  the  location  of  a  county  high  school 
at  a  certain  place  shall  do  so  by  placing  an   "X"   before 


STATE   OF  MONTANA  245 

the   name   of  the  place   desired   for   the   location   of   such 
school.  ^ 

Sec.  2103.  Canvass  of  Returns. — After  the  election  the 
ballots  on  said  question  shall  be  canvassed  in  the  manner 
provided  for  general  county  elections,  and  if  the  vote 
in  favor  of  establishmg  a  county  high  school  shall  be  a 
majority  of  all  votes  cast  upon  said  proposition,  the  Board 
of  County  Commissioners  shall  proceed  to  canvass  the 
vote  for  the  different  candidates  for  the  location  of  said 
school,  and  the  village,  town  or  city  having  the  largest 
number  of  votes  for  the  location  of  said  school,  provided  ^^^  ^^^^  ^^  ^^ 
said  number  of  votes  be  a  majority  of  all  votes  cast  in  canvassed, 
favor  of  the  measure,  shall  be  declared  to  be  the  place  for 
the  location  thereof.  If  the  result  is  in  favor  of  establishing 
such  high  school,  and  any  candidate  for  its  location  has  a 
majority,  the  Board  of  County  Commissioners,  by  an 
order  duly  entered  on  their  minutes,  shall  so  declare  this 
fact,  and  the  board  shall  immediately  thereafter  appoint 
six  persons,  residents  and  taxpayers  of  the  county,  not 
less  than  three  ngr  more  than  four  of  whom  shall  be  Appointment  of 
residents  of  the  village,  town  or  city  where  the  school  ^^^^^  °^  trustees, 
is  located,  who  shall,  with  the  County  Superintendent 
of  Schools,  constitute  -a  Board  of  Trustees  for  said  school. 

In  case  of  a  tie  vote  between  two  or  more  of  the  can- 
didates having  the  highest  number  of  votes  for  the  loca- 
tion of  said  school,  the  County  Commissioners  shall  im- 
mediately call  another  election  in  the  manner  provided  rpj^  ^^^^  between 
by  law  for  general  county  elections,  at  which  the  only  ^]^ates  "^rocedure" 
question  to  be  submitted  shall  be  the  location  of  said 
school  and  only  the  names  of  those  candidates  so  tied 
shall  appear  upon  the  ballot. 

Sec.  2109.  Submission  to  Electors  of  Question  of  Bond 
Issue. — The  secretary  of  the  Board  of  County  High  School 
Trustees,  whenever  a  majority  of  the  board  shall  so 
decide,  shall  certify  to  the  Board  of  County  Commission- 
ers that  they  have  decided  to  su'bmit  to  the  electors  of 
the  county  the  question  whether  the  county  bonds  shall  _ 

r  1  r      ^  •  ,  Duty    of    secretary 

issue   for  the   purpose   01   the   erection   or   purchase  of   a  o^   board, 
building  or   buildings   for   high   school   purposes    and    the 
equipment  thereof,  or  for  the  erection  and  equipment  of  a  Procedure. 


246  ELECTION  LAWS 

dormitory  or  dormitories,  or  gymnasium,  and  for  a  suit- 
able site  or  sites  therefor,  and  shall  include  in  such  cer- 
tificate  the   amount   of   such    bonds,   which    amount    shall 
^hau^^not"^  exceed  "°^  ex'ceed  the  sum  of  two  hundred  fifty  thousand   ($250,- 
what  sum.  ooq)    dollars,   in   any   one   county  of  the   first   and   second 

class,  and  one  hundred  fifty  thousand  ($150,000)  dollars, 
in  counties  of  the  third  class,  and  in  all  other  counties 
Term  of  bonds  ^^^^^  "°^  exceed  the  sum  of  one  hundred  thousand  ($100,- 
000)  dollars  in  any  one  county.  Such  bonds  may  run  for 
a  term  of  twenty  years,  or  less,  but  no  longer;  Provided, 
that  any  such  issue  of  bonds  shall  not  increase  the  in- 
debtedness of  any  county  beyond  the  maximum  limit  fixed 
■by  the   State   constitution. 

That   as   soon   as   practicable   after   receiving   such    cer- 

ques't/(?n^°?f  bond      tificatc  the  Board  of  County  Commissioners  shall  proceed 

^^^"®-  to    submit     the     question    of    issuing    said    bonds    to    the 

qualified   electors   of  the   county  in  the  imanner  provided 

by  law  for  the  issuance  of  other  county  bonds.     If  such 

When  bond  tax       bonds  are  issued  the   County  Commissioners,  at  the  time 

mSe.^^^^^  ^^  ^^   making   the   levy    of   taxes    for    county   purposes    each 

year,    must    levy    a   tax    for    that    year    upon    the    taxable 

property   in   the   county   for   the   interest   and    redemption 

of  said  bonds,  and  such  taxes  must  not  be  less  than  suf- 

Juffkfie^"for  ^what  ^cient   to   pay   the   interest   on    said   bonds   for   that   year 

purposes.  ^j^^    such    proportion    of   the    principal    as    is    to    'become 

due    during   the    year,    and    in    any    event    must    be    high 

enough  to  raise   annually,   for  the  first  half  of  the  term,, 

Tax  money  collect-  ^   sufficient    sum    to    pay    the    interest    thereon    and    dur- 

fnto  "^hat  ^fund,^^^   '^^'S   ^^c   balance   of   the   term,    high    enough   to    pay    said 

purpose^     °^  ^  ^^  annual    interest    and    to    pay    annually    a    portion    of    the 

principal    of   said    bond,    equal    to    the    sum    produced    by 

taking  the  whole  amount  of  said  bonds  outstanding,  and 

Investment   of  ac-   dividing  it  by   the   number   of  years   said  bonds   have   to 

cumulated     money  i        ,,  i       •     i  i  111  1 

in   such   fund.  ruu,   and   all   moneys   so   levied,   when   collected,  inust  ibe 

paid  into  the  county  treasury  to  the  credit  of  the  county 
high  school,  kept  in  a  separate  fund  and  to  be  used  for 
the  payment  of  principal  and  interest  on  said  honds,  and 
for  no  other  purpose;  Provided,  however,  that  the  accu- 
How  taxes  to  be  "^ulated  money  may  be  invested  as  is  provided  for  the 
collected.  investment  of  money  collected  for  the  payment  of  school 


STATE   OP  MONTANA  247 

district    bonds.      Said    tax    shall    be    levied    and    collected 
in  the  same  manner  as  other  county  taxes. 

In  any  county  wherein  there  is  now  maintained  a  dis- 
trict high  school,  in  which  a  county  high  school  is  here- 
after created,,  the  bonds  to  be  issued  for  the  county  high 
school    under    the    provisions    of    this    section    shall    con- 
stitute an  indebtednes  only  against  so  much  of  the  said 
county,    as    is    not    included    in    the    district    maintaining 
said    high    school,    and    the    question    of    the    issuance    of 
said  bonds  shall  be  submitted  to  the  electors  only  who 
reside   outside  of   such   district.     The   limitations   on   the  aUtvTc^nJi  t^vote 
indebtedness  to   be   created   by   the   issuance  of  bonds   in  gchooi""bond^^^^ 
such  cases  and  the  method  of  levy,  assessment  and  col-  election, 
lection  of  taxes  for  the  payment  of  bonds  so  issued,  here- 
inabove  set   forth,    shall    apply   only   to   so    much    of   the 
said  county  as  is  not  included  in  the  school  district  main- 
taining such  district  high  school. 

*n  I*  *l*  *F  *f*  1* 

Sec.  21 13.     Prior  Acts  Validated. — All  acts  and  things  ah  things  done  for 
of  any  kind  whatever,  done  by  any  Board  of  County  Free  free    high    schools 

TT'ioi        i-n^         ^  1  T-»  t       c   r^  ^       r^  heretofore    under 

High  School   irustees,  or  by  any  Board  of  County  Com-  prior  laws  are 

missioners  of  this  State  prior  to  the  passage  of  this  act,  ^^^^^^  ratified. 

under   the   provisions   of   the   act   of    March   3,    1899,    for 

the  establishment  of  county  free  high  schools,  or  under 

the  act  of  March  14,  1901,  or  the  act  of  March  5,   1899, 

shall  be  and  are  hereby  ratified  and  declared  to  be  valid 

and  of  full  force  and  effect. 

Sec.  21 14.    Same. — That  all  acts  heretofore  done  by  any  ^jj   ^j^.^^^   ^^^^ 
Board  of  County  Commissioners  in  this  State  in  connec-  ^°"®.  ^^  board  of 

•^  county     commis- 

tion  With  the  submission  to  the  electors  of  their  county  signers  in  submit- 

.   ^,  .  r        .    1  1-    1  •  t    1  .  .  ting     questions     of 

01  the  question  of  establishingf  and  locatiner  a  county  free  establishing  free 

U-1-U1  J  u-1.  1.-  ■       county    high 

nigh  school,  and  upon  which  acts  such  question  was  in  schools,  etc,  are 
fact  submitted  to  the  electors  of  such  county  and  a  ma-  vaudated^ 
jority  of  all  votes  cast  at  such  election  was  in  favor  of 
the  establishment  and  location  of  such  high  school  and 
so  found  and  declared  by  the  Board  of  County  Com- 
missioners, shall  be,  and  are  hereby  ratified  and  declared 
to  be  valid  and  of  full  force  and  effect.  ' 

Sec.  21 15.     Bonds  Legalized.— That  all  bonds  issued  or  ah   high   school 
authorized  to  be  issued,  at  any  time  prior  to  the  passage  ISued  b^^bSards 
of  this  act,  by  the  Board  of  Trustees  of  any  county  free  h^^lchoois^^afTe? 


248  ELECTION  LAWS 

submission   to   a      hio-h  scliool  in  this  State,  where  the  question  of  the  issu- 

vote    of    the    elect-        «=>  r      ^         i       -^^    j,    u  •jt-4- 

ers,  etc.,  are  here-  ance  of  the   same  was  first   submitted   by   said    irustees 

by    declared    valid,  ^^  .,  ^  ,  ■      '.  r      ^^  ^ 

etc.  to  the  electors  of  the  county  and  a  majority  of  all  votes 

cast  at  such  election  were  in  favor  of  said  bond  issue, 
and  so  found  and  declared  by  said  Board  of  Trustees, 
are  hereby  ratified  and  declared  to  be  valid  and  legal 
obligations   and  of  full   force   and   effect. 


Duty  of  trustees  of 
county    b< 
education. 


Free   Text    Books. 

(Laws  of  1913,  Chapter  y6.     Approved  March   12,   1913. 
Pages  275,   2y6.) 
Section  1811.     Election   to   Be    Called— Wlien. 

1812.     Special  Levy  to  Provide  Free  Books. 

Sec.   181 1.     Election  Upon  Proposition  to  Supply  Free 

county  board  of  Text-Books. — Upon  the  petition  of  five  legal  voters  of 
any  s'chool  district  other  than  in  incorporated  cities,  and 
upon  petition  of  one  hundred  legal  voters  in  incorporated 
cities,  towns  and  villages,  filed  with  the  Board  of  Trus- 
tees or  Board  of  Education,  as  the  case  may  be,  to  notify 
the  voters  of  such  school  district  that  an  election  ''for" 
or  "against"  free  text-books  will  be  held  at  the  next  en- 
?e°TecSve?  a^nd  ^°  suing  election  for  the  members  of  the  Board  of  Trustees 
canvassed  at  such  or    Board    of    Education,    and    the    ballots    10    such    efifect 

election.  ' 

shall    be    received    and    canvassed    at    such    election,    and 

if   a   majority   of   all    votes    cast    in    the    district    shall   'be 

found   to   be   in   favor   of   free   text-books,   it   shall   be   the 

When   it   shall   be  duty   of   the   Board   of   Trustees   or    Board   of    Education, 

the    duty    of    board  -^  ' 

of  trustees  to  pur-  as  the  case  may  be,  to  purchase  at  the   expense  oi  such 

chase  books  at  ex-     , .        .  -^  ^  f  r 

pense  of  district.  district  all  the  text-books  required  for  use  of  all  pupils 
attending  school  in  such  school  district,  and  said  text-books 
shall  be  loaned  to  the  pupils  of  said  public  schools,  free  of 

r,    ,     ,    ^    ,       ^   charge,  subject  to  such   rules  and  regulations  as   to   care 

Books  to  be  loaned  ^    ^  j  t, 

to  pupils  free  of      and  custody  as  the  Board  of  Trustees  or  Board  of  Edu- 

vCharge.  .  "^ 

cation  shall  prescribe ;  Provided,  that  the  pupils  may  pur- 
chase at  cost  any  of  the  text-'books  to  be  furnished,  when 
desired  by  them. 

County  commis-  Sec.  i8i2.     Special  Levy  to  Provide  Free  Text-Books. — 

taT\^o  p^u^rchase       That  for  the  purpose  of  raising  money  to  pay  for  school 

free    books,    when,    books,    which    may    be    furnished    to    the    pupils    free    of 

charge  by  any  district  adopting  free  text-books,  a  special 

levy  upon  the   taxable   property  of   such   district   shall  be 


STATE   OF  MONTANA  249 

made    by    the    County    Commissioners    of    the    district,    if 
the  money  received  from  the  general  fund  from  the  dis- 
trict  be   insufficient,   and   said   levy   shall  be   made   within   ^h^n   levy   to   be 
thirty  days  from  and  after  the  adoption  of  said  free  text- 
books in  any  district  that  has  by  a  majority  vote  adopted 
the  same,  and  when  made  the  tax  levied  shall  be  collected 
in  the  same  manner  as  other  taxes  are  collected ;  Provided,   ^u^cted.^^  ^^^"  ^^ 
further,  that  any  district  that  shall  furnish  free  text-books 
shall   have   the   right,   through   its   Board  of  Trustees,   to  ^^^^  district  may 
adopt    supplementary    books    within    the    meaning   of   this   ta?y^books^^^"^^"~ 
act,  when   such   adoption  has  been   authorized  by   a   two- 
thirds  vote  of  the  Trustees  of  said  district. 


School    District    Bonds. 

(Laws  of  1913,  Chapter  76.     Approved  March   12,  1913. 
Pages   285,  286.) 

Sec.  201c;.     Bonds— How  Issued— Election— Limit.— The  fo^rd  of  school 

•J  ...       trustees   to   issue 

Board   of   School   Trustees   of   any   school   district   within  bonds,  when, 
this  State  shall,  whenever  a  majority  of  the  School  Trus- 
tees so  decide,  submit  to  the  electors  of  the  district  the 
question  whether  the  board  shall  be  authorized  to  issue  ^^^^.^  ^^  amount 
coupon   bonds  to  a  certain   amount,  not   to   exceed   three 
per   cent    of    the    taxable    property    in    said    district,    and 
bearing  a   certain   rate   of  interest  not   exceeding  six   per 
cent  per  annum,  and  payable  and  redeemable  at  a  certain  interest  rate, 
time,  for  the   purpose   of  building  and   furnishing  one   or   j^^^^  ^,j^,^^^ 
more  school  houses  in  said   district,  and  purchasing   land 
necessary    for    the    same.      Should    the    Trustees    of    any   Purposes  of  bond 

-^  .  issue. 

school  district  in  which  bonds  have  heretofore  been  issued 

to   any   amount   desire   to   submit   to   the   electors    of   the   May   submit   ques- 

,...1,111,     tion    of    issuing 

district  the  question  as  to*  whether  additional  bonds  snail   additional  bonds, 
be   issued   they   may   do   so,   but   no   such  bonds   shall   be 

•       .  .       1,  J.  i.     Shall    not    be 

issued    unless    a   majority   of   all   votes    cast   at   any   sucn   issued,   unless, 
election  shall  be  cast  in  favor  of  such  issue  of  additional 
bonds ;   and    in   no    case    shall    the   whole    issue    of    bonds   indebtedness, 
exceed  the  amount  of  three  per  cent  of  the  taxable  prop- 
erty within  said  school  district. 

Sec.    2016.      Manner    of    Holding     Election — Ballots —  How  election  held. 
Voting. — Such   election  shall  be  held   in  the   manner   pre- 
scribed for  the  election  of  School  Trustees.     The  ballots 


250 


ELECTION  LAWS 


Form    of   ballot. 


How   elector    shall 
prepare    ballot. 


When  bonds  shall 
be  issued  and  form 
thereof. 


Coupons   shall   be 
signed   by  whom. 


Fac  simile  signa- 
tures may  be  used 
on  coupons  only, 
when. 


Corporate     seal 
be    attached. 


to 


Bonds  to  be  regis- 
tered, where  and 
how. 


shall  be  in  the  form  as  follows:     "Shall  bonds  be  issued 

and  sold  to  the  amount  of dollars,  and  bearing 

not  to  exceed    per  cent  interest  and  for  a  period 

not  to  exceed  years,  for  the  purpose  of  pur- 
chasing a  school  site  and  building  a  school  house  thereon 
and   for   furnishing   the   same. 

"Bonds,  Yes. 
"Bonds,  No." 
The  elector  shall  prepare  his  ballot  by  putting  a  cross 
before  "Bonds,  Yes,"  if  he  wishes  to  vote  for  the  bonds, 
and  before  'Bonds,  No,"  if  he  wishes  to  vote  against  the 
bonds.  If  a  majority  of  the  votes  cast  at  such  election  are 
"Bonds,  Yes,"  the  Board  of  School  Trustees  shall  issue 
such  bonds  in  such  form  as  the  board  may  direct,  and 
they  shall  bear  the  signature  of  the  Chairman  of  the 
•Board  of  Trustees  and  shall  be  signed  by  the  Clerk  of 
the  said  school  district;  and  the  coupons  attached  to  the 
bonds  shall  be  signed  by  the  said  Chairman  and  Clerk ; 
Provided,  a  lithographic  or  engraved  fac  simile  of  the 
signatures  of  the  Chairman  and  Clerk  may  be  affixed 
to  coupons  only,  when  so  recited  in  the  bonds,  and  the 
corporate  seal  of  the  school  district  shall  be  attacned  to 
each  of  the  bonds;  and  each  bond  so  issued  shall  be 
registered  by  the  County  Treasurer  in  a  book  provided 
for  that  purpose,  which  shall  show  the  number  and 
amount  of  each  bond,  and  the  person  to  whoim  the  same 
is  issued  or  sold;  and  the  said  bonds  shall  be  sold  by 
the  Trustees  as  hereinafter  provided. 


STATE   OF  MONTANA  251 


INITIATIVE    AND    REFERENDUM. 

(Amendment  to  Constitution  of  Montana,  Section  i, 
Article  V,  declared  in  force  by  Proclamation  of  Governor, 
December  7,    1906.) 

Section  i.  Article  V,  of  the  Constitution  'be,  and  the 
same  is  hereby  amended  so  as  to  read  as   follows: 

Sec.  I.  The  legislative  authority  of  the  State  shall  be 
vested  in  a  Legislative  Assembly,  consisting  of  a  Senate 
and  House  of  Representatives;  but  the  people  reserve  to 
themselves  power  to  propose  laws,  and  to  enact  or  reject 
the  same  at  the  polls,  except  as  to  laws  relating  to  ap- 
propriations of  money,  and  except  as  to  laws  for  the 
submission  of  constitutional  amendments,  and  except  as 
to  local  or  special  laws,  as  enumerated  in  Article  V, 
Section  26,  of  this  constitution,  independent  of  the  Legis- 
lative Assembly ;  and  also  reserve  power  at  their  own 
option,  to  approve  or  reject  at  the  polls  any  act  of  the 
Legislative  Assembly,  except  as  to  laws  necessary  for 
the  immediate  preservation  of  the  public  peace,  health 
or  safety,  and  except  as  to  laws  relating  to  appropriations 
of  money,  and  except  as  to  laws  for  the  submission  of 
constitutional  amendments,  and  except  as  to  local  or  spe- 
cial laws,  as  enumerated  in  Article  V,  Section  26,  of  this 
constitution.  The  first  power  reserved  'by  the  people  is 
the  Initiative,  and  eight  per  cent  of  the  legal  voters  of 
the  State  shall  'be  required  to  propose  any  measure  by 
petition;  Provided,  that  two-fifths  of  the  whole  number 
of  the  counties  of  the  State  must  each  furnish  as  signers 
of  said  petition  eight  per  cent  of  the  legal  voters  in  such 
coimty,  and  every  such  petition  shall  include  the  full 
text  of  the  measure  so  proposed.  Initiative  petitions  shall 
be  filed  with  the  Secretary  of  State,  not  less  than  four 
months  before  the  election  at  which  they  are  to  be  voted 
upon. 

The  second  power  is  the  Referendum,  and  it  may  be 
ordered  either  'by  petition  signed  by  five  per  'cent  of 
the  legal  voters  of  the  State;  Provided,  that  two-fifths 
of  the  whole  number  of  the  counties  of  the  State  must 
each  furnish   as  signers  of  said  petition  five  per  cent   of 


252  ELECTION  LAWS 


the  legal  voters  in  such  county,  or,  by  the  Legislative 
Assembly  as  other  bills  are  enacted. 

Referendum  petitions  shall  be  filed  with  the  Secretary 
of  State,  not  later  than  six  months  after  the  final  ad- 
journment of  the  session  of  the  Legislative  Assembly 
which  passed  the  bill  on  which  the  Referendum  is  de- 
manded. The  veto  power  of  the  Governor  shall  not  ex- 
tend to  measures  referred  to  the  people  by  the  Legislative 
Assembly  or  by  Initiative  Referendum  petitions. 

All  elections  on  measures  referred  to  the  people  of  the 
State  shall  be  had  at  the  biennial  regular  general  election, 
except  when  the  Legislative  Assembly,  by  a  majority 
vote,  shall  order  a  special  election.  Any  measure  referred 
to  the  people  shall  still  be  in  full  force  and  effect  unless 
such  petition  be  signed  by  fifteen  per  cent  of  the  legal 
voters  of  a  majority  of  the  whole  number  of  the  counties 
of  the  State,  in  which  case  the  law  shall  be  inoperative 
until  such  time  as  it  shall  be  passed  upon  at  an  election, 
and  the  result  has  been  determined  and  declared  as  pro- 
vided by  law.  The  whole  number  of  votes  cast  for  Gov- 
ernor at  the  regular  election  last  preceding  the  filing  of 
any  petition  for  the  Initiative  and  Referendum,  shall  be 
the  basis  on  which  the  number  of  the  legal  petitions  and 
orders  for  the  Initiative  and  for  the  Referendum  shall 
be  filed  with  the  Secretary  of  State ;  and  in  submitting 
the  same  to  the  people,  he,  and  all  other  officers,  shall 
be  guided  by  the  general  laws  and  the  act  submitting 
this  amendment,  until  legislation  shall  be  especially  pro- 
vided therefor.  The  enacting  clause  of  every  law  origi- 
nated by  the   Initiative   shall   be   as  follows: 

"Be   It  Enacted  by   the   People  of  Montana:" 

This  section  shall  not  be  construed  to  deprive  any 
member  of  the  Legislative  Assembly  of  the  right  to  in- 
troduce any  measure. 


STATE   OF   MONTANA  253 

Code    Provisions. 

(Sections    refer    to    Revised    Codes    of    1907.) 
Section  106.     Form  of  Petition  for  Referendum. 

107.  Form  of   Petition   for  Initiative. 

108.  Clerk    to    Verify    Signatures  to   Petitions. 

109.  Notice    to    Governor    and    Proclamation. 

110.  Secretary  of  State  to  Certify  Measures  to  Be  Voted 

On — Printing  Ballots. 

111.  Manner  of  Voting. 

112.  Printing  and  Distribution  of  Measures  to  Be  Voted  On. 

113.  Canvass  of  Votes. 

114.  Who   May  Petition — False   Signatures — Penalties. 

115.  Referred  Bills  Not  Effective  Until  Approved. 

Sec.  106.  Form  of  Petition  for  Referendum. — -The  fol- 
lowing shall  be  substantially  the  form  of  petition  for  the 
referendum  to  the  people  on  any  act  passed  by  the  Legis- 
lative Assembly  of  the  State  of  Montana: 

Warning. 

Any  person  signing  any  name  other  than  his  own  to 
the  petition  or  signing  the  same  more  than  once  for  the 
same  measure  at  one  election,  or  who  is  not,  at  the  time 
of  signing  the  same,  a  legal  voter  of  this  State,  is  punish- 
able by  a  fine  not  exceeding  five'  hundred  dollars  ($500) 
or  imprisonment  in  the  penitentiary  not  exceeding  two 
years,  or  by  both  su'ch  fine  and  imprisonment. 

Petition  for  Referendum.  Ref«renduin,  form 

To  the  Hon ,  Secretary   of  State  for  the 

State  of  Montana: 

We,  the  undersigned  citizens  and  legal  voters  of  the 
State  of  Montana,  respectfully  order  that  Senate  (House) 

Bill  No ,  entitled  (title  of  act),  passed  by  the 

Legislative  Assembly  of  the  State  of  Montana,  at  the 
regular  (special)  session  of  said  Legislative  Assembly, 
shall  be  referred  to  the  people  of  the  State  for  their 
approval   or   rejection,   at   the   regular,   general   or   special 

election  to  be  held  on  the   ....  day  of ,  19.  ., 

and  each  for  himself  says :  I  have  personally  signed 
this  petition ;  I  am  a  legal  voter  of  the  State  of  Montana ; 
and  my  residence,  postofifice  address  and  voting  precinct 
are   correctly   written   after   my   name. 

Name Residence 

Postofifice   Address    


of    petition. 


254  ELECTION  LAWS 

If  in  City,  Street  and  Number 

Voting-  Precinct 

(Here  follow  numbered  lines  for  signatures.) 
(Act   approved   March   2,    1907,    Sec,    i ;   Tenth   Session, 
Chap.  62.) 

Sec.  107.  Form  of  Petition  for  Initiative. — The  follow- 
ing shall  be  substantially  the  form  of  petition  for  any 
law  of  the  State  of  Montana  proposed  by  the  initiative : 

Warning. 
Any  person  signing  any  name  other  than  his  own  to 
this  petition  or  signing  the  same  more  than  once  for  the 
same  measure  at  one  election,  or  who  is  not,  at  the  time 
of  signing  the  same,  a  legal  voter  of  this  State,  is  punish- 
able by  a  fine  of  not  exceeding  five  hundred  dollars  ($500) 
or  imprisonment  in  the  penitentiary  not  exceeding  two 
years,  or  by  both  sudh  fine  and  imprisonment. 
Petition    for    Initiative. 

To  the  Hon ,  Sescretary  of  State  for  the 

Initiative,   form  of       State  of  Montana: 

^^^^*^^°"-  We,  the  undersigned  legal  voters  of  the  State  of  Mon- 
tana, respectfully  demand  that  the  following  proposed 
law  shall  be  submitted  to  the  legal  electors  of  the  State 
of  Montana,  for  their  appproval  or  rejection,  at  the  regu- 
lar, general  or  special  election  to  be  held  on  the day 

of   ,   1906,  and  each  for  himself  says : 

I  have  personally  signed  this  petition,  and  my  residence, 
postoffice  address  and  voting  precinct  are  correctly  written 
after  my  name. 

Name Residence 

Postofiice  Address  

If  in  City,  Street  and  Number 

Voting    Precinct    

(Numbered  lines  for  names  on  each  sheet.) 
Every  such  sheet  for  petitioners'  signatures  shall  be 
attached  to  a  full  and  correct  copy  of  the  title  and  text 
of  the  measure  so  proposed  by  initiative  petition;  but 
such  petition  may  be  filed  with  the  Secretary  of  State 
in   numbered   sections,   for  convenience   in  handling,    and 


STATE  OF  MONTANA  255 

referendum  petitions  may  be  filed  in  sections  in  like  man- 
ner. (Act  appproved  Mardh  2,  1907,  Sec.  2 ;  Tenth  Ses- 
sion, Chap.  62.) 

Sec.  108.  Clerk  to  Verify  Signatures  to  Petitions. — 
The  County  Clerk  of  each  county  in  which  any  such 
petitions  shall  be  signed  shall  compare  the  signatures 
of  the  electors  signing  the  same  with  their  signatures 
on  the  registration  books  and  blanks  on  file  in  his  office, 
for  the  preceding  general  election,  and  shall  thereupon 
attach  to  the  sheets  of  said  petition  containing  such 
signatures,  his  certificate  to  the  Secretary  of  State,  sub- 
stantially as  follows: 

State   of  Montana,  )  clerk's    certificate. 

County  of ) 

To  the  Hon ,  Secretary  of  State  for  Montana: 

I, ,  County  Clerk  of  the  County  of , 

hereby  certify  that  I  have  compared  the  signatures  on 
(number  of  sheets)  of  the  referendum  (initiative)  peti- 
tion, attached  hereto,  with  the  signatures  of  said  electors 
as  they  appear  .on  the  registration  books  and  blanks  in 
my  office;  and  I  believe  that  the  signatures  of  (names 
of  signers)  numbering  (number  of  genuine  signatures) 
are  genuine.  As  to  the  remainder  of  the  signatures 
thereon,    I    believe    that    they    are    not    genuine,    for    the 

reason  that    ,  and  I   further   certify 

that   the  following  names   ( ) 

do  not  appear  on  the  registration  books  and  blanks  in 
my  office. 

(Signed :    , 

(Seal  of  Office)  County   Clerk. 

By:    , 

Deputy. 
Every  such  certificate  shall  be  prima  facie  evidence  of 
the  facts  stated  therein,  and  of  the  qualifications  of  the 
electors  whose  signatures  are  thus  certified  to  be  genuine, 
and  the  Secretary  of  State  shall  consider  and  count  only 
such  signatures  on  such  petitions  as  shall  be  so  certified  °^  ^^^* 
by  said  County  Clerks  to  be  genuine;  Provided,  that  the 
Secretary  of  State   may   consider  and  count  such   of  the 


Certificate  evidence 


256 


Notaries' 
certificate. 


Duty    of   county 
clerk. 


ELECTION  LAWS 

remaining  signatures  as  may  be  proved  to  be  genuine, 
and  that  the  parties  so  signing  were  legally  qualified  to 
sign  such  petitions,  and  the  official  certificate  of  a  Notary 
Public  of  the  County  in  which  the  signer  resides  shall 
be  required  as  to  the  fact  for  each  of  such  last  named 
signatures;  and  the  Secretary  of  State  shall  further  com- 
pare and  verify  the  official  signatures  and  seals  of  all 
notaries  so  certifying  with  their  signatures  and  seals  filed 
in  his  office.  Such  notaries'  certificates  shall  be  sub- 
stantially in  the  following  form :  , 

State  of  Montana,     ) 
County  of ) 

I,    ,    a    duly    qualified    and    acting 

Notary  Public  in  and  for  the  above  named  county  and 
State,  do  hereby  certify:  that  I  am  personally  acquainted 
with  each  of  the  following  named  electors  whose  signa- 
tures are  affixed  to  the  annexed  petition,  and  I  know 
of  my  own  knowledge  that  they  are  legal  voters  of  the 
State  of  Montana  and  of  the  county  and  precincts  written 
after  their  several  names  in  the  annexed  petition,  and  that 
t'heir  residence  and  postoffiCe  address  is  correctly  stated 
therein,   to-wit :      (Names  of  such   electors.) 

In   Testimony   Whereof   I   have   hereunto   set   my   hand 

and  Official  Seal  this  ....  day  of ,  19. . .  . 

Notary  Public  in  and  for County,  State  of 

Montana. 

The  County  Clerk  shall  not  retain  in  his  possession 
any  such  petition,  or  any  part  thereof,  for  a  longer  period 
than  two  days  for  the  first  two  hundred  signatures 
thereon,  and  one  additional  day  for  each  two  hundred 
additional  signatures,  or  fraction  thereof,  on  the  sheets 
presented  to  him,  and  at  the  expiration  of  such  time 
he  shall  forward  the  same  to  the  Secretary  of  State,  with 
his  certificate  attached  thereto,  as  above  provided.  The 
forms  herein  given  are  not  mandatory,  and  if  substantially 
followed  in  any  petition,  it  shall  be  sufficient,  disregard- 
ing clerical  and  merely  technical  errors.  (Act  approved 
March  2,  1907,  Sec.  3 ;  Tenth  Session,  Chap.  62.) 


STATE    OF   MONTANA  257 

Sec.  109.  Notice  to  Governor  and  Proclamation.— I m-  go°^rn?r*'""  ''^ 
mediately  upon  the  filing  of  any  sudh  petition  for  the 
referendum  or  initiative  with  the  Secretary  of  State,  signed 
by  the  number  of  voters  and  filed  within  the  time  re- 
quired by  the  constitution,  he  shall  notify  the  Governor 
in  writing  of  the  filing  of  such  petition,  and  the  Governor 
shall  forthwith  issue  his  proclamation,  announcing  that 
such  petition  has  been  filed,  with  a  brief  statement  of  its 
tenor  and  eflfect.  Said  proclamation  shall  be  published 
four  times  for  four  consecutive  weeks  in  one  daily  or 
weekly  paper  in  each  county  of  the  State  of  Montana. 
(Act  approved  March  2,  1907,  Sec.  4;  Tenth  Session, 
Chap.  62.) 


Sec.    no.      Secretary   of   State   to    Certify   Measures   to  i^uty   of   secretary 

of 
ty 


Be  Voted  On— Printing  Ballots.— The  Secretary  of  State,  f  ^ItrL"""'^  ""'"" 


at  the  same  time  that  he  furnishes  to  the  County  Clerks 
of  the  several  counties  certified  copies  of  the  names  of 
the  candidates  for  offitce,  shall  also  furnish  the  said  County 
Clerks  his  certified  copy  of  t*he  titles  and  numbers  of 
the  various  measures  to  be  voted  upon  at  the  ensuing 
general  or  special  election,  and  he  shall  use  for  each 
measure  a  title  designated  for  that  purpose  by  the  Legis- 
lative Assembly,  committee,  or  organizations  presenting 
and  filing  with  him  the  act,  or  petition  for  the  initiative 
or  the  referendum,  or  in  the  petition  or  act ;  Provided, 
that  such  title  shall  in  no  case  exceed  one  hundred  words, 
and  shall  not  resemble  any  such  title  previously  filed 
for  any  measure  to  be  submitted  at  that  election  which 
shall  be  descriptive  of  said  measures,  and  he  shall  num- 
ber such  measures;  and  such  title  shall  be  printed  on  a 
separate  official  ballot  in  the  order  in  which  the  acts 
referred  by  the  Legislative  Assembly  and  petitioned  by 
the   people  shall  be  filed  in  his   office. 

The    first    measure    filed    after    this    act    shall    go    into  Numbering   of 
efifect  shall  be  numbered  No.  6,  and  the  next  succeeding  measures, 
measures    shall   be    numbered    in    numerals    consecutively 
7,  8,  9  and  so  on  from  one  election  to  another,  no  measure 
to    be    numbered    with    the    same    number    of    any    other 
measure. 

The    affirmative    and    negative    of    each    measure    shall 
have  the  same  number. 


258  ELECTION  LAWS 

It  shall  be  the  duty  of  the  several  County  Clerks  to 
print  said  titles  and  numbers  upon  a  separate  official 
ballot  in  the  order  presented  to  them  by  the  Se'cretary 
of  State   and   the   relative   position   required  by   law. 

Measures  proposed  by  the  initiative  shall  be  designated 
and  distinguished  from  measures  proposed  by  the  Legis- 
lative Assembly  by  the  heading,  "Proposed  Petition  for 
Initiative."     (Act  of  March  8,   1913;   Chapter  66,  p.   129.) 

Sec.    III.      Manner   of   Voting. — The   manner   of   votins: 

How     ballots     shall  i-i  iiini  -n' 

be  marked  by  on  measures  submitted  to  the  people  shall  be :  By  mark- 
ing the  ballot  with  a  cross  in  or  on  the  diagram  opposite 
and  to  the  left  of  the  proposition  for  which  the  voter 
desires  to  vote.  The  following  is  a  sample  ballot  sepre- 
senting   negative    votes : 

Sample  of  negative  I        I       ^or   Initiative    Measure    No    6, 
ballot.  I       Relatmg  to  Duties  of  Shenlts. 

X  Against    Said    Measure    No.    6 


D 


For    Referendum    Measure    Nb.    7, 
Relating  to  Purchase  of  Insane  Asylum. 

Against    Said    Measure    No.    7. 


T^imit  of  title  on  And  no  title  on  a  ballot  shall  contain  more  than  ten 
words,  which  shall  be  descriptive  of  the  measure  pro- 
posed.    (Act  of  March  8,  1913 ;  Chap.  66,  p.  129.) 

Sec.  112.  Printing  and  Distribution  of  Measures  to 
Be  Voted  On. — The  Secretary  of  State  shall,  not  later 
?f"^liatf.  ""^'^^^^^  than  the  first  Monday  of  the  third  month  next  before 
any  general  or  special  election  at  which  any  proposed 
law  is  to  be  submitted  to  the  people,  cause  to  be  printed 
a  true  copy  of  the  title  and  text  of  each  measure  to  be 
submitted,  with  the  number  and  form  in  which  the  ques- 
tion will  be  printed  on  a  separate  official  ballot.  The 
paper  to  be  used  for  the  covers  of  suoh  pamphlets  shall 
be  twenty  by  twenty-five  inches,  and  fifty  pounds  weight 
to  the  ream.  The  persons,  committees,  or  duly  authorized 
officers  of  any  organization  filing  any  petition  for  the 
initiative,  but  no  other  person  or  organization,  shall  have 
the   right   to   place   with   the    Secretary   of   State   for    dis- 


STATE   OF   MONTANA  2b9 

tribution  any  pamphlets  advocating  such  measure,  not 
later  than  the  first  Monday  of  the  fifth  month  before 
the  regular  general  or  special  election  at  which  the  meas- 
ure is  to  be  voted  on;  any  person,  committee  or  organiza- 
tion opposing  any  measure  may  place  with  the  Secretary 
of  State  for  distribution  any  pamphlets  they  may  desire, 
not  later  than  the  first  Monday  of  the  fourth  montb  im- 
mediately preceding  such  election ;  as  to  pamphlets  ad- 
vocating or  opposing  any  measure  referred  to  the  people 
by  the  Legislative  Assembly,  they  shall  be  governed 
by  the  same  rules  of  time,,  but  they  may  be  placed  with 
the  Secretary  of  State  by  any  person,  committee  or  or- 
ganization ;  Provided,  that  all  such  pamphlets  shall  be 
furnished  to  the  Secretary  of  State  in  sheets  of  uniform 
size,  as  follows :  Size  of  pamphlet  page  to  be  six  inches 
wide  by  nine  inches  long;  size  of  type  page  to-  be  twenty- 
six  ems  pica  wide,  by  forty  ems  pica  long,  set  in  long 
primer  of  ten-point  type,  and  printed  on  sized  and  super- 
calendered  paper,  twenty-five  by  thirty-eight  inches, 
weighing  fifty  pounds  to  the  ream.  All  such  pamphlets 
shall  be  furnished  to  the  Secretary  of  State  ai  the  sole  pampifieSf"^ 
expense  of  the  persons  interested,  and  without  cost  to 
the  State.  In  no  case  shall  the  Secretary  of  State  be 
obliged  to  receive  any  such  pamphlets  unless  a  suffiicient 
number  is  furnished  to  supply  one  to  every  legal  voter 
in  the  State,  but  in  such  case  he  shall  forthwith  notif)* 
the  persons  offering  the  same  of  the  number  required. 
The  Secretary  of  State  shall  cause  one  copy  of  each  of 
said  pamphlets  to  be  bound  in  with  his  copy  of  the 
measures  to  be  submitted  as  herein  provided.  The  title 
page  of  every  such  pamtphlet,  shall  show  the  official 
numbers  for  and  against,  and  t^he  ballot  title  of  the  meas- 
ure to  which  it  refers,  and  whether  it  is  intended  to  favor 
or  oppose  such  measure  and  by  whom  it  is  issued.  The 
Secretary  of  State  shall  distribute  to  each  County  Clerk, 
before  the  second  Monday  in  the  third  month  next  pre- 
ceding such  regular  general  election,  a  sufficient  number 
of  said  bound  pamphlets  to  furnish  one  copy  to  every 
voter  in  his  county.  And  each  County  Clerk  shall  be 
required  to  mail  to  each  registered  voter  in  each  of  the 
several    counties    in   the    State    at   least   one    copy    of   the 


260 


ELECTION  LAWS 


same,  within  thirty  days  from  the  date  of  his  receipt  of 
the  same  from  the  Secretary  of  State.  The  imailing  of 
said  boimd  pamphlets  shall  be  a  part  of  the  offiicial  duty 
of  the  County  Clerk  of  each  of  the  several  counties  and 
his  official  compensation  shall  be  full  compensation  for 
this  additional  service.  The  Secretary  of  State  sihall  not 
be  obliged  to  receive  or  distribute  any  pamphlets  advo-- 
eating  or  opposing  any  measure  unless  the  same  shall 
be  filed  with  him  within  the  time  herein  provided.  (Act 
approved  March  2,  1907,  Sec.  7;  Tenth  Session,  Chap.  62.) 

Duty   (.r  state  ^^^-    ^^3-     Canvass   of   Votes.— The   votes   on    measures 

boafd  of  canvass-  and  questions  shall  be  counted,  canvassed  and  returned 
by  the  regular  boards  of  judges,  clerks  and  officers  as 
votes  for  candidates  are  counted,  canvassed  and  returned, 
and  the  abstract  made  t>y  the  several  County  Clerks  of 
votes  on  measures  shall  be  returned  to  the  Secretary  of 
State  on  separate  abstract  sheets  in  the  manner  provided 
by  Sections  598  (1440)  and  599  (1441)  of  the  Political 
Code  for  a'bstracts  of  votes  for  State  officers.  It  shall 
be  the  duty  of  the  State  Board  of  Canvassers  to  proceed 
within  thirty  days  after  the  election,  and  sooner  if  the 
returns  be  all  received,  to  canvass  the  votes  given  for 
eaoh  measure,  and  the  Governor  shall  forthwith  issue 
his  proclanTation,  which  shall  ibe  published  in  two  daily 
newspapers  printed  at  the  capital,  giving  the  whole  num- 
ber of  votes  cast  in  the  State  for  and  against  each  measure 
and  question,  and  declaring  such  measures  as  are  ap- 
proved by  a  majority  of  those  voting  thereon  to  be  in 
full  force  and  effect  as  the  law  of  the  State  of  Montana, 
from  the  date  of  said  proclamation  designating  such  meas- 
ures by  their  titles.  (Act  approved  March  2,  1907,  Sec. 
8;  Tenth   Session,   Chap.  62^ 

Sec.  114.  Who  May  Petition  —  False  Signatures  — 
Penalties. — Every  person  who  is  a  qualified  elector  of 
the  State  of  Montana  may  sign  a  petition  for  the  refer- 
endum or  for  the  initiative.  Any  person  signing  any 
name  other  than  his  own  to  such  petition  or  signing  the 
same  mo^re  than  once  for  the  same  measure  at  one  elec- 
tion, or  who  is  not  at  the  time  of  signing  the  same  a 
legal    voter   of   this    State,    or    any    officer   or    any    person 


Violation    of    act 
pen-^itips. 


STATE   OF   MONTANA  261 

wilfully  violating  any  provision  of  this  statute,  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  not  ex- 
ceeding five  hundred  dollars  ($500)  or  by  imprisonment 
in  the  penitentiary  not  exceeding  two  years,  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court 
before  which  such  conviction  shall  be  had.  (Act  approved 
March  2,  1907,  Sec.  9;  Tenth  Session,  Chap.  62.) 

Sec.  115.  Referred  Bills  Not  Eifective  Until  Approved.—  ^ppJ°^^^  ^^  ^^^'''- 
A  bill  passed  by  the  Legislative  Assembly  and  referred 
to  popular  vote  at  the  next  general  election  or  at  a  spe- 
cial election,  shall  not  be  in  effect  until  it  is  approved 
at  such  general  or  special  election  by  a  majority  of  those 
voting  for  and  against  it.  (Act  approved  March  2,  1907, 
Sec.    10;  Tenth   Session,   Chap.  62.) 

(Note : — See   also  title,   "Initiative   and   Referendum    in 
Government  of  Cities  and  Towns.") 


STATE    OF   MONTANA  263 


CORRUPT     PRACTICES     ACT. 

A  Bill  to  Propose  by  Initiative  Petition  a  Law  to  Limit 
Candidates'  Election  expenses ;  to  Define,  Prevent  and 
Punish  Corrupt  and  Illegal  Practices  in  Nominations 
■and  Elections ;  to  Secure  and  Protect  the  Purity  of 
the  Ballot;  to  Provide  for  Furnishing  Information  to 
t(he  Electors  and  to  Provide  the  Manner  of  Conducting 
Contests  for  Nominations  and  Elections  in  Certain  Cases. 

Section     1.     Limit   of   Expenditures. 
2.     Campaign    Literature. 
8.     Same — Cost  Per  Page. 

4.  Same — Duty  of   State   Printer. 

5.  Duty  of  Secretary  of  State  and  County  Clerks, 

6.  Same — Campaign    Books. 

7.  Campaign  Books — Payments  to  Secretary  of  State. 

8.  Limit    of   Campaign    Expenses. 

9.  City   Elections. 

10.  Definitions   of   Terms. 

11.  Filing  of  Financial   Statement. 

12.  Statement  of  Accounts. 

.  13.     Copies  of  Act — Duty  of  Secretary  of  State. 

14.  Failure  to  File  Statement — Procedure. 

15.  Same. 

16.  Violation    of   Act — District    Courts — Jurisdiction. 

17.  Publication   of   Totals. 

18.  Prohibited    Contributions. 

19.  Promises  of  Appointment  Prohibited. 

20.  Prohibited    Contributions. 

21.  Delegates— Who  Not  to  Become. 

22.  Transfer  of  Credentials  Prohibited. 

23.  What  Prohibited. 

24.  Prohibited    Contributions. 

25.  Same. 

26.  Treating,  Etc.,  Forbidden.  ♦ 

27.  Challenges — Procedure. 

28.  Coercion — Undue    Influence — Punishable. 

29.  Betting  Unlawful. 

30.  Repeating,   Etc. — A   Felony. 

31.  Corrupt    Practices— What    Constitutes. 

32.  Paying  for  Attending  Polls  Unlawful. 

33.  Prohibited   Publications. 

34.  Soliciting     Votes     Prohibited. 

35.  Political   Criminal   Libel. 

36.  Vacancies,  How  Filled. 

37.  Becoming  Candidate  for  Venal  Purpose. 

38.  Trivial   Offenses. 

39.  Removal  From  Office. 


264  ELECTION  LAWS 

40.  Contest — Time   for   Commencing. 

41.  Same — Petition. 

42.  Penalty — Violation   of  Act. 

43.  Duty  of  County  Attorney. 

44.  Decree  of  Court. 

45.  Grounds  of  Contest. 

46.  Illegal  Votes — Decree. 

47.  iSame — Duty  of  Contestant. 

48.  Same — Petition — Bond — Costs. 

49.  Court  Procedure. 

50.  Violation  of  Act  by  Corporation. 

51.  Penalties. 

52.  Court  Proceedings. 

53.  Complaint — Form    of. 

54.  Statement  of  Expenses — Form. 

55.  Perjury 

Be  It  Enacted  by  the  People  of  the  State  of  Montana: 

Sec.    I.     No   sums  of  money   shall  be  paid,   and  no   ex- 
Limit     of     expendi-  .  1         •       j  •  l     l  ■,     ^      ^  r        r 

tures.  penses    authorized    or   mcurred    by    or   on    behalf   of    any 

candidate  to  be  paid  by  him,  except  such  as  he  may  pay 
to  the  State  for  printing,  as  herein  provided,  in  his  cam- 
paign for  nomination  to  any  public  office  or  position  in 
this  State,  in  excess  of  fifteen  per  cent  of  one  year's  com- 
pensation or  salary  of  the  office  for  which  he  is  a  can- 
^  didate;    Provided,    that    no    candidate    shall    be    restricted 

to  less  than  one  hundred  dollars  in  his  campaign  for 
such  nomination.  No  sums  of  money  shall  be  paid,  and 
no  expenses  authorized  or  incurred,  contrary  to  the, pro- 
visions of  this  act,  for  or  on  behalf  of  any  candidate  for 
nomination.  For  the  purposes  of  this  law  the  contribution, 
expenditure,  or  liability  of  a  descendant,  ascendant,  brother, 
sister,  uncle,  aunt,  nephew,  niece,  wife,  partner,  employer, 
employe,  or  fellow  offiicial  or  fellow  employe  of  a  cor- 
poration shall  be  deemed  to  be  that  of  the  candidate 
himself. 

champaign   litera-  Sec.  2.     Any  candidate,  and  unless  he  notifies  the  Sec- 

retary of  State  that  he  refuses  them  permission,  the 
friends  of  any  candidate  for  nomination  to  any  State  or 
district  office,  when  the  district  is  composed  of  one  or 
more  counties,  may  file  with  the  Secretary  of  State,  for 
publication  as  herein  provided,  not  later  than  the  thirty- 
third  day  before  the  biennial  primary  nominating  election, 

liiiijg,  time.  with  his  portrait  cut  if  he  wishes,  a  printed  or  typewritten 


STATE   OF  MONTANA  265 

statement  or  statements,  on  the  conditions  hereinafter 
set  forth,  over  his  or  their  signatures,  stating  the  reasons 
why  he  should  be  nominated;  Provided,  that  no  can- 
didate, nor  his  friends,  shall  be  allowed  to  file  any  such 
statements,  unless  his  petition  for  nomination  is  duly 
filed  with  the  Secretary  of  State,  not  later  than  the  forty- 
first  day  before  said  nominating  election.  Any  person 
or  persons  opposing  the  nomination  of  any  such  candi- 
date may,  not  later  than  the  thirty-ninth  day  before  said 
nominating  election,  file  with  the  Secretary  of  State  their 
printed  or  typewritten  statements  over  their  signatures 
of  the  reasons  why  such  candidate  should  not  be  nomi- 
nated, but  every  such  statement  shall  be  accompanied 
by  proof,  by  affidavit  or  Sheriff's  return,  that  they  have 
caused  to  be  served  personally  and  in  person  upon  such 
candidate  a  true  copy  of  such  statement.  Each  candidate 
shall  be  allowed  one  page  of  printed  matter  and  those 
opposing  him  shall  each  be  allowed  one  page  of  space 
on  equal  terms  with  him  as  hereinafter  provided.  Nothing  ftatl^rnlrS:!  hSi-^ 
in  this  law  shall  be  deemed  to  make  any  such  statement  ^^• 
or  the  authors  thereof,  free  or  exempt  from  any  civil  or 
criminal  action  or  penalty,  because  of  any  false,  slander- 
ous or  libelous  statements  offered  for  printing  or  con- 
tained in  said  pamphlet.  The  person  or  persons  procur- 
ing, making,  composing  or  offering  such  statements  for 
filing,  shall  be  deemed  the  authors  and  publishers  thereof. 

Sec.  3.  Candidates  for  nomination  shall  pay  for  one 
page  of  space  in  the  publication  herein  provided  for  as  ^(fs^^^^f"  a^e^^' 
follows :  For  the  offilce  of  United  States  Senator  in  Con- 
gress, one  hundred  dollars;  for  Representative  in  Con- 
gress, one  hundred  dollars;  for  Justice  of  the  Supreme 
Court,  seventy-five  dollars;  for  Governor,  one  hundred 
dollars;  for  Secretary  of  State,  one  hundred  dollars;  for 
State  Treasurer,  one  hundred  dollars;  for  State  Auditor, 
one  hundred  dollars;  for  State  Superintendent  of  Public 
Instruction,  seventy-five  dollars;  for  Railroad  Commis- 
sioner, one  hundred  dollars;  for  Attorney  General,  one 
hundred  dollars;  for  Clerk  of  the  Supreme  Court,  seventy- 
five  dollars;  for  Lieutenant  Governor,  fifty  dollars;  for  .  ;^ 
Senator  or  Representative  in  the  Legislative  Assembly, 
ten    dollars;    for    District   Judge,   fifty    dollars;    for   candi- 


266 


ELECTION  LAWS 


Payment    to    secre-    rci^r\if\oi(^ 
tary   of   state.  CaiKllQate 


Arrangement    of 
campaigrn     book. 


i3uty    of    state 
printer. 


dates  for  any  other  office  for  a  district  consisting  of  one 
or  more  counties  ,  or  State  office,  fifty  dgllars.  Any 
candidate  may  have  additional  space  at  the  rate  of  one 
hundred  dollars  per  page,  but  no  payment  shall  be  re- 
ceived for  less  than  a  full  page ;  Provided,  that  not  more 
than  three  additional  pages  shall  be  allowed  to  any  one 
All  payments  required  by  this  section  shall 
be  made  to  the  Secretary  of  State  when  the  statement 
is  offered  to  him  for  filing,  and  be  by  him  paid  into  the 
general  fund  in  the  State  treasury. 

Sec.  4.  Not  later  than  the  thirtieth  day  before  the 
primary  nominating  election,  the  Secretary  of  State  shall 
hand  to  the  official  printer  all  of  such  statements  and 
portrait  cuts  properly  compiled,  edited,  .prepared  and  in- 
dexed for  printing;  it  shall  be  the  official  printer's  duty 
to  print  and  bind  the  samie  in  pamphlet  form,  printing 
the  pictures  of  candidates  with  and  as  a  part  of  their 
several  statements,  where  such  portrait  cuts  are  offered ; 
statements  of  those  who  directly  oppose  any  candidate 
shall  follow  next  after  his  statement.  All  of  the  state- 
ments filed  for  and  against  all  the  candidates  for  nomi- 
nation to  each  office  shall  be  printed  in  the  order  in  which 
candidates  'names  are  grouped  under  the  title  to  their 
offices  on  the  offiicial  ballot  at  the  nominating  election. 
In  preparing  said  pamphlets  for  printing,  the  Secretary 
of  State  shall  compile  the  copy  for  the  same  in  such 
form  as  to  make  it  most  convenient  for  the  official  printer 
to  print  and  bind  under  one  cover,  separately  for  each  po- 
litical party,  the  statements  only  of  candidates  to  be  voted 
for  by  members  of  that  party  for  nomination  in  the  same 
electoral  district  or  division ;  that  is  to  say,  the .  state- 
ments and  arguments  of  all  candidates  seeking  republican 
votes  in  Ravalli  County  for  nominations  by  the  re- 
publican party  to  State  and  district  offices,  for  a  district 
comprising  one  county  or  more,  shall  be  printed  and 
bound  under  one  cover,  and  the  same  with  the  democratic 
and  any  other  party  required  to  nominate  its  candidates  at 
said  nominating  election.  The  same  method  shall  be  applied 
in  printing  the  pamphlets  for  all  other  counties  and  dis- 
tricts, but  no  picture,  statement  or  argument  for  or 
against   any    candidate   for   nomination    shall    be   included 


STATE   OF  MONTANA  267 

in  the  copy  of  said  pamphlet  going  to  any  county  where 
such  candidate  is  not  to  be  voted  for.'  The  official  printer 
shall  begin  the  delivery  of  said  pamp^hlets  to  the  Secretary 
of  State  as  quickly  as  possible,  and  not  later  than  the 
twentieth  day  before  the  nominating  election,  and  com- 
plete the  same  not  later  than  the  fifteenth  day  before  said 
nominating  election,  printing  and  delivering  first  so  far  as 
practicable  the  pamphlets  for  the  counties  in  the  order 
of  their  distance  from  the  State  capital.  At  the  time  of 
'delivering  the  copy  to  the  official  printer  the  Secretary 
of  State  shall  order  the  number  of  copies  he  estimates 
will  be  necessary  for  each  county. 

Sec.  5.    The  several  County  Clerks  shall  obtain  the  post-  j^ames  of  electors, 
offiice  address    of  each    voter   who    registers    and    on    the  ^i^rks^^  county 
seventeenth   day   preceding  the   nominating   election,   said 
County   Clerks  shall   mail  to  the   Secretary  of  State   the 
name  and  postoffilce  address  of  every  voter  registered  at 
that    time    in    their  Tespective    counties ;     im^mediately    on 
the    close    of    registration    for    such    nominating    election, 
and   again   at  the   close   of  registration    for    the    general    v 
election,  they  shall   deliver  to  the  Secretary  of  State   the 
postoffice    address    of    every    voter    who    registers    during 
the  said  interval.     At  least  eigfht  days  before  the  regular 
biennial    primary    nominating    election    the    Secretary    of 
State  shall  forward  by  mail  to  every  voter  a  copy  of  each  ^f"ttat°e.  '^^'^^^^^ 
pamphlet   'containing    the    names    and    statements    herein 
provided   for.     The   pages  of  the   pamphlets   required   by 
this  act  shall  be  six  by  nine  inches  in  size,  and  the  printed 
matter  therein  sihall  be  set   in   eight  point  Roman   faced 
type,   single   leaded,   and   twenty-five   ems   pica   in    width,  ^°^^  °^  pamphlet, 
with   proper   heads.     In    the   foot   margin   of    every   page 
of  the  party  pamphlets  ior  nominating  election   shall   be 
shown  the  authority  for  the  information  therein,  as  "The 
information    furnished    by    (name    of    candidate    or    name 
of  ihis   friends   or  opponents),"   as  the   case   may   be.     In 
the   foot    margin    of   every   page   of   the    pamphlet   herein 
provided     for    the     general    election    shall    be    shown    the  . 
authority    for   the    statements    thereof,    as    "The    informa- 
tion furnished  by   (title  of  com-mittee  or  managing  agent 
of  the  political  party  or  name  of  the  independent   candi- 
date)," as  the  case  may  be. 


268  ELECTION  LAWS 

Campaign  book.  Sgc   5^      Not    later   than    the    thirtieth    day    before    the 

regular  biennial  general  election  the  State  executive  co'm- 
mittee  or  managing  officers  of  any  political  party  or  or- 
ganization having  nominated  candidates,  but  no  others 
except  independent  candidates,  may  file  with  the  Secretary 
of  State  portrait  cuts  of  its  candidates  and  typewritten 
statements  and  arguments  for  the  success  of  its  principles 
and  the  election  of  its  canddiates,  and  opposing  or  attack- 
Duty  of  secretary,  i^g"  the  principles  and  candidates  of  all  other  parties.  Not 
later  than  the  twenty-eighth  day  before  said  general' 
election  the  Secretary  of  Statre  shall  deliver  to  the  official 
printer,  properly  compiled  and  prepared  for  printing,  the 
said  portrait  cuts,  statements  and  arguments,  with  an 
order  for  the  number  of  pamphlet  copies  of  the  same 
necessary  to  supply  one,  at  least,  complete  as  to  the  'can- 
didates to  be  voted  for  in  any  county  for  which  the  same 
may  be  designed,  for  every  registered  voter  within  the 
printer.^  ^  ^  ^  ^  State  of  Montana.  The  official  printer  shall  begin  de- 
livering said  pamphlets  to  the  Secretary  of  State  as  soon 
as  possible,  and  shall  complete  the  same  within  twelve 
days.  The  Secretary  of  State  shall  begin  mailing  the 
pamphlets  to  the  voters  of  the  State  as  soon  as  they  are 
delivered  to  him,  and  shall  complete  the  mailing  on  or 
before  the  tenth   day  of  said  general  election. 

Sec.  7.     All  the  portrait  cuts,  statements  and  arguments 
Limit  of  space   to  ot    all    the    political    parties    and    independent    candidates 
par  y.  shall   be   bound   together   in   one   pamphlet,   and   no   party 

shall  have  more  than  twenty-four  pages,  nor  an  inde- 
pendent candidate  more  than  two  pages  therein.  The 
Payments  to  sec-  political  parties  and  independents  shall  pay  to  the  Sec- 
re  ary  o  s  a  e.  retary  of  State  for  the  public  treasury  for  said  pamphlet 
at  the  time  of  filing  their  copy  with  him,  at  the  rate 
of  fifty  dollars  for  each  printed  page  of  space  in  said 
pamphlet  used  by  such  party  or  independent  candidate. 
The  provisions  of  the  preceding  sections  requiring  esti- 
mates of  the  number  of  pamphlets  for  eadh  county,  limita- 
tions on  the  candidates'  names,  statements  and  pictures 
to  be  included  in  the  pamphlets  going  to  each  county, 
and  the  manner  of  distribution,  shall  apply  in  like  manner 
to  the  pamphlets  herein  provided  for  the  general  election. 


STATE    OF   MONTANA  269 

Sec.  8.  No  sums  of  money  shall  be  paid  and  no  ex-  ^^^jnsei.  ''^"'p^^^'' 
penses  authorized  or  incurred  by  or  on  behalf  of  any 
candidate  who  has  received  the  nomination  to  any  public 
offi'ce  or  position  in  this  State,  except  such  as  he  may 
contribute  towards  payment  for  his  political  party's  or 
independent  statement  in  the  pamphlet  'herein  provided 
for,  to  be  paid  by  him  in  his  campaign  for  election,  in 
excess  of  ten  per  cent  of  one  year's  salary  or  compensa- 
tion of  the  office  for  which  he  is  nominated;  Provided, 
that  no  candidate  shall  be  restricted  to  less  than  one 
hundred  dollars.  No  sum  of  money  shall  be  paid  and 
no  expenses  authorized  or  incurred  by  or  on  behalf  of 
any  political  party  or  organization  to  promote  the  success 
of  the  principles  or  candidates  of  such  party  or  organiza-  Co^t^^i^^^^io^s. 
tion,  contrary  to  the  provisions  of  this  act.  For  the  pur- 
poses of  this  act  the  contribution,  expenditure  or  liability 
of  a  descendant,  ascendant,  brother,  sister,  uncle,  aunt, 
nephew,  niece,  wife,  partner,  employer,  employee  or  fellow 
offiicial  or  fellow  employe  of  a  corporation  shall  be  deemed 
to   be   that  of  the  candidate   himself. 

Sec.  Q.     In  cities  of  more  than  ten  thousand  population.   ^.,      ,    ,.  • 

-^    .  ,         .  f    f  City  elections 

any  candidate  for  nomination  or  election  to  any  elective 
municipal  office  miy  file  with  the  City  Clerk,  Auditor  or 
Recorder,  not  later  than  the  fifteenth  day  before  the  munici- 
pal primary  nominating  election,  a  statement  of  the  reasons 
why  he  should  be  nominated  and  elected,  and  portrait 
cut  if  he  desires,  on  the  conditions  hereinafter  set  forth. 
Such  candidate  shall  pay  for  the  services  herein  provided 
at  the  rate  of  twenty  dollars  for  each  printed  page  of 
space;  no  payment  shall  be  received  for  less  than  a  full  ^^^^^^^^^  pamph- 
page.  AH  payments  made  under  this  section  shall  be 
made  to  the  City  Clerk,  Auditor  or  Recorder  at  the  time 
the  statement  is  offered  to  him  for  filing,  and  shall  'be 
by  him  paid  into  the  general  fund  in  the  city'  treasury. 
The  City  Clerk,  Auditor  or  Recorder  shall  properly  com-  ^^^y  of  city  clerk, 
pile,  edit,  prepare  and  index  said  statements  and  argu- 
ments for  printing,  and  if  there  shall  be  any  municipal 
measures' to  be  voted  upon  at  the  ensuing  municipal  elec- 
tion he  may  bind  in  with  said  pamphlet  a  copy  of  each 
and  of  the  arguments  submitted  thereon  in  like  m^anner 
as  the  Secretary  of  State  is  required  to  do  in  State  elec- 


270 


ELECTION  LAWS 


What   cities   in- 
cluded. 


Definitions    of 
terms. 


tions,  and  shall  cause  the  same  to  be  printed  in  the 
same  manner  that  other  city  printing  is  done,  and  have 
them  all  bound  under  one  cover;  and  he  shall,  at  least 
eight  days  before  the  regular  nominating  election,  forward 
a  copy  of  said  pamphlet,  with  postage  fully  prepaid,  to 
each  voter  in  the  city  whose  postofifi/ce  address  he  may 
have  or  can  obtain  from  the  city  directory,  registration 
books  or  otherwise.  The  provisions  of  this  section  shall 
not  apply  to  cities  of  less  than  ten  thousand  inhabitants, 
as  shown  by  the  census  next  pieceding  such  municipal 
election.  The  provisions  of  the  preceding  sections  for 
statements  opposing  candidates  shall  apply  also  to  mu- 
nicipal elections,  under  this  section,  subject  to  the  same 
rules  of  filing,  payments,  etc.,  required  of  candidates' 
statements  by  this  section. 

Sec.  ID.  Terms  used  in  this  act  shall  be  construed  as 
follows,  unless  other  meaning  is  clearly  apparent  fro'm 
the  language  or  context,  or  unless  such  construction  is 
inconsistent   with    the   manifest   intent   of   the    law : 

"Persons"  shall  apply  to  any  individual,  male  or  female, 
and,  where  consistent  with  'collective  capacity,  to  any 
committee,  firm,  partnership,  club,  organization,  associa- 
tion, corporation,  or  other  combination  of  individuals. 

"Candidate"  shall-  apply  to  any  person  whose  name  is 
printed  on  an  ofificial  ballot  for  public  office,  or  v^hose 
name  is  expected  to  be  or  has  been  presented  for  public 
office,   with   his   consent,   for'  nomination   or   election. 

"Political  agent"  shall  apply  to  any  person  who,  upon 
request  or  under  agreement,  receives  or  disburses  money 
in   behalf  of   a   candidate. 

"Political  committee"  shall  apply  to  every  combination 
of  two  or  more  persons  who  s'hall  aid  or  promote  the 
success  or  defeat  of  a  candidate,  or  a  political  party  or 
principle,  and  the  provisions  of  law  relating"  thereto  shall 
apply  to  any  firm  or  partnership,  to  any  corporation,  and 
to  any  club,  organization,  association,  or  other  combina- 
tion of  persons,  whether  incorporated  or  not,  with  similar 
purposes,  whether  primary  or  incidental. 

"Public  office"  shall  apply  to  any  national,  state,  county 
or  city  office  to  which  a  salary  attaches  and  which  .is 
filled  by  the  voters,  as  well  as  to  the  office  of  Presidential 


STATE   OP   MONTANA  271 

Elector,    United    States    Senator,    or    presiding   officer    of 
either  branch  of  the  Legislature. 

''Give,"  "provide,"  "expend,"  "contribute,"  "receive," 
''ask,"  "solicit,"  and  like  terms,  with  their  corresponding 
nouns,  shall  apply  to  money,  its  equivalent,  or  any  other 
valuable  thing;  shall  include  the  promise,  advance  deposit, 
borrowing,  or  loan  thereof,  and  shall  cover  all  or  any 
part  of  a  transaction,  whether  it  be  made  directly  or 
indirectly. 

None  of  the  provisions  of  this  act  shall  be  construed  ^^g^^.^^^'P®"^''^"^'®^ 
as  relating  to  the  rendering  of  services  by  speakers,  writ- 
ers, publishers,  or  others,  for  which  no  compensation  is 
asked  or  given;  nor  to  prohibit  expenditure  by  committees 
of  political  parties  or  organizations  for  public  speakers, 
music,  halls,  lights,  literature,  advertising,  offi.ce  rent, 
printing,  postage,  clerk  hire,  challengers  or  watchers  at 
the  polls,  traveling  expenses,  telegraphing  or  telephoning, 
or  making  of  poll   lists. 

Sec.  II.  Every  candidate  for  nomination  or  election 
to  public  offi*ce,  including  candidates  for  the  office  of 
Senator  of  the  United  States,  shall  within  fifteen  days 
after  the  election  at  which  he  was  a  canddiate,  file  with  ^        .  , 

Filing    of    financial 

the  Secretary  of  State,  if  a  candidate  for  Senator  of  the  statement. 
United  States,  Representative  in  Congress,  or  for  any 
State  or  district  offi'ce  in  a  district  composed  or  one  or 
more  counties,  or  for  members  of  the  Legislative  As- 
sembly from  a  district  composed  of  more  than  one  county, 
but  with  the  County  Clerk  for  legislative  districts  com- 
posed of  not  more  than  one  county,  and  for  county  and 
precinct  offices,  and  with  the  City  Clerk,  Auditor  or 
Recorder  of  the  town  or  city  in  which  he  resides  if  he 
was  ^  candidate  for  a  town,  city  or  ward  office,  an  itemized 
sworn  statement  setting  forth  in  detail  all  the  moneys 
contributed,  expended  or  promised  by  him  to  aid  and  pro- 
mote his  nomination  or  election,  or  both,  as  the  case 
may  be,  and  for  the  election  of  his  party  'candidates,  and 
all  existing  unfulfilled  promises  of  every  character  and 
all  liabilities  remaining  uncanceled  and  in  force  at  the 
time  such  statement  is  made,  whether  such  expenditures, 
promises  and  liabilities  were  made  or  incurred  before, 
during   or    after    such    election.      If    no    money    or    other 


272 


ELECTION  LAWS 


Failure   to    file, 
penalty. 


Statement    of 
accounts. 


Vouchers. 


valuable  thing  was  given,  paid,  expended,  contributed, 
or  promised,  and  no  unfulfilled  liabilities  were  incurred 
by  a  ^candidate  for  public  offiice  to  aid  or  promote  his 
nomination  or  election,  or  the  election  of  his  party  can- 
didates, he  shall  file  a  statement  to  that  effect  within 
fifteen  days  after  the  election  at  which  he  was  a  can- 
didate. Any  candidate  who  shall  fail  to  file  such  a  state- 
iment  shall  be  fined  twenty-five  dollars  for  every  day 
on  which  he  was  in  default,  unless  he  shall  be  excused 
by  the  court.  Fifteen  days  after  any  such  election  the 
Secretary  of  State,  or  County  Clerk,  City  Clerk,  Auditor 
or  Recorder,  as  the  case  may  be,  shall  notify  the  County 
Attorney  of  any  failure  to  file  such  a  statement  on  the 
part  of  any  candidate,  and  within  ten  days  thereafter 
such  prosecuting  offtcer  shall  proceed  to  prosecute  said 
candidate  for  such  offense. 

Sec.  12.  Every  political  committee  shall  have  a  treas- 
urer, who  is  a  voter,  and  shall  cause  him  to  keep  detailed 
accounts  of  all  its  receipts,  payments  and  liabilities. 
Similar  accounts  shall  be  kept  by  every  person,  who  in 
the  aggregate  receives  or  expends  money  or  incurs  lia- 
bilities to  the  amount  of  more  than  fifty  dollars  for  politi- 
cal purposes  and  by  every  political  agent  and  candidate. 
Such  accounts  shall  cover  all  transactions  in  any  way 
afifecting  or  connected  with  the  political  canvass,  cam- 
paign, nomination  or  election  concerned.  Every  person 
receiving  or  expending  money  or  incurring  liability  iby 
authority  or  in  behalf  of  or  to  promote  the  success  or 
defeat  of  such  committee,  agent,  candidate  or  other  per- 
son or  political  party  or  organization,  shall,  on  demand, 
and  in  any  event  within  fourteen  days  after  such  receipt, 
expenditure  or  incurrence  of  liability,  give  such  treasurer, 
agent,  candidate  or  other  person  on  whose  behalf  such 
expense  or  liability  was  incurred  detailed  account  thereof, 
with  proper  vouchers.  Every  payment,  except  payments 
less  in  the  aggregate  than  five  dollars  to  any  person, 
shall  be  vouched  for  by  a  receipted  bill  stating  the  par- 
ticulars of  expense.  Every  voucher,  receipt  and  account 
hereby  required  shall  be  a  part  of  the  accounts  and  files 
of  such  treasurer,  agent,  candidate  or  other  person,  and 
shall   be    preserved   by    the   public   officer    with    whom    it 


Books    open    to    in- 


STATE    OF   MONTANA  273 

shall  be  filed  for  six  months  after  the  election  to  which 
it  refers.  Any  person  not  a  candidate  for  any  office  or 
nomination  who  expends  money  or  value  to  an  amount 
greater  than  fifty  dollars  in  any  campaign  for  nomination 
or  election,  to  aid  in  the  election  or  defeat  of  any  can- 
didate or  candidates,  or  party  ticket,  or  measure  before 
the  people,  shall  within  ten  days  after  the  election  in 
which  said  money  or  value  was  expended,  file  with  the 
Secretary  of  State  in  the  case  of  a  measure  voted  upon 
by  the  people,  or  of  State  or  district  offices  for  districts 
composed  of  one  or  more  counties  or  -with  the  County 
Clerk  for  county  offices,  and  with  the  City  Clerk,  Auditor 
cr  Recorder  for  municipal  offices,  an  itemized  statement 
of  such  receipts  and  expenditures  and  vouchers  for  every 
sr.m  paid  in  excess  of  five  dollars,  and  shall  at  the  same 
time  deliver  to  the  candidate  or  treasurer  of  the  political 
organization  whose  success  or  defeat  he  has  sought  to 
promote,  a  duplicate  of  such  statement  and  a  copy  of 
such  vouchers.  The  books  of  account  of  every  treasurer  ^pection 
of  any  political  party,  committee  or  organization,  during 
an  election  campaign,  shall  be  open  at  all  reasonable 
office  hours  to  the  inspection  of  the  treasurer  and  chair- 
man of  any  opposing  political  party  or  organization  for 
the  same  electoral  district;  and  his  right  of  inspection 
may  be  enforced  by  writ  of  mandamus  by  any  court  of 
competent    jurisdiction. 

Sec.  13.  The  Secretary  of  State  s'hall,  at  the  expenses  Copies  of  act. 
of  the  State,  furnish  to  the  County  Clerk,  and  to  the 
City  and  Town  Clerks,  Auditors  and  Recorders,  copies 
of  this  act  as  a  part  of  the  election  laws.  In  the  filing 
of  a  nomination  petition  or  certificate  of  nomination,  the 
Secretary  of  State,  in  the  case  of  State  and  district  /Offices  _ 

.  Duty    of    secretary 

for  districts  composed  of  one  or  more  counties,  and  County  of  state. 
Clerks  for  county  offices,  and  the  City  and  Town  Clerks, 
Auditors  or  Recorders  for  imunicipal  offices,  shall  trans- 
mit to  the  several  candidates,  and  to  the  treasurers  of 
political  committees,  and  to  political  agents,  as  far  as 
they  may  be  known  to  such  officer,  copies  of  this  act, 
and  also  to  any  other  person  required  to  file  a  statement 
such  copies  shall  be  furnished  upon  application  therefor. 
Upon   his  own   information,   or  at  the   written   request   of 


274 


ELECTION  LAWS 


Examination  of  ac- 
counts. 


Failure    to    file 
statement,    pro- 
cedure. 


Statements     to     be 
sworn    to. 


Failure    to    file 
statement,    pro- 
cedure. 


any  voter,  said  Secretary  of  State  shall  transmit  to  any 
other  person  believed  by  him  or  averred  to  'be  a  candi- 
date, or  who  may  otherwise  be  required  to  make  a  state- 
m'ent,   a   copy   of   this   act. 

Sec.  14.  The  several  officers  with  whom  statements 
are  required  to  be  filed  shall  inspect  all  statements  of 
accounts  and  expenses  relating  to  nominations  and  elec- 
tions filed  with  them  within  ten  days  after  the  same  are 
filed;  and  if  upon  examination  of  the  official  ballot  it 
appears  that  any  person  has  failed  to  file  a  statement  as 
required  by  law,  or  if  it  appears  to  any  such  officer  that 
the  statement  filed  with  him  does  not  conform  to  law, 
or  upon  coimplaint  in  writing  by  a  candidate  or  by  a 
voter  that  a  statement  filed  does  not  conform  to  law  or 
to  the  truth,  or  that  any  person  has  failed  to  file  a  state- 
ment which  he  is  by  law  required  to  file,  said  officer 
shall  forthwith  in  writing  notify  the  delinquent  person. 
Every  such  complaint  filed  by  a  citizen  or  'candidate  shall 
state  in  detail  the  grounds  of  objection,  shall  be  sworn 
to  by  the  complainant,  and  shall  be  filed  with  the  officer 
within  sixty  days  after  the  filing  of  the  statement  or 
amended  statement.  Upon  the  written  request  of  a  can- 
didate or  any  voter,  filed  within  sixteen  days  after  any 
convention,  primary  or  nominating  election,  said  Secre- 
tary of  State,  County  Clerk,  City  or  Town  Clerk,  Auditor 
or  Recorder,  as  the  case  may  be,  shall  demand  from  any 
specified  person  or  candidate  a  statement  of  all  his  re- 
ceipts, and  from  whom  received,  disbursements  and  lia- 
bilities in  connection  with  or  in  any  way  relating  to  the 
nomination  or  election  concerned,  whether  it  is  an  office 
to  which  a  salary  or  compensation  is  attached  or  not,, 
and  said  person  shall  thereupon  be  required  to  file  such 
statement  and  to  comply  with  all  the  provisions  relating 
to  statements  herein  'contained.  Whoever  makes  a  state- 
ment required  by  this  act  shall  make  oath  attached 
thereto:  that  it  is"  in  all  respects  correct,  com'plete,  and 
true,  to  the  best  of  his  knowledge  and  belief,  and  said 
v^erification  shall  be  substantially  the  form  herein  provided. 

Sec.  15.  Upon  the  failure  of  any  person  to  file  a  state- 
ment  within    ten    days    after   receiving   notice    under    the: 


STATE   OF   MONTANA  ,  275 

preceding  section,  or  if  any  statement  filed  as  above  dis- 
closes any  violation  of  any  provision  of  this  ■  act  relating 
to  corrupt  practices  in  elections,  or  in  any  other  pro- 
vision of  the  election  laws,  the  Secretary  of  State,  the 
County  Clerk,  or  the  City  Clerk,  Auditor  or  Recorder, 
as  the  case  may  be,  shall  forthwith  notify  the  County 
Attorney  of  the  county  where  said  violation  occurred 
and  shall  furnish  'him  with  copies  of  all  papers  relating 
thereto,  and  said  County  Attorney  shall  within  sixty 
days  thereafter  examine  every  such  case,  and  if  the  evi- 
dence seems  to  him  to  be  sufficient  under  the  provisions 
of  this  act  he  shall  in  the  name  of  the  State  forthwith 
institute  such  civil  or  criminal  proceedings  as  may  be 
appropriate  to  the  facts. 

Sec.  i6.  The  District  Court  of  the  county  in  which  yjoiation  of  act 
any  statement  of  accounts  and  expenses  relating  to  nomi- 
nations and  elections  should  be  filed,  unless  herein  other- 
wise provided,  shall  have  exclusive  original  jurisdiction 
of  all  violations  of  'this  act,  and  may  compel  any  person 
who  fails  to  file  such  a  statement  as  required  by  this  act, 
or  who  files  a  statement  which  does  not  conform  to  the 
provisions  of  this  act  in  respect  to  its  truth,  sufficiency 
in  detail  or  otherwise  to  file  a  sufficient  statement,  upon 
the  application  of  the  Attorney  General  or  of  the  County  jJJHgdfction"'^^^' 
Attorney,  or  the  petition  of  a  candidate  or  of  any  voter. 
Such  petition  shall  be  filed  in  the  District  Court  within 
sixty  days  after  such  election  if  the  statement  was  filed 
within  fifteen  days  required,  'but  such  a  petition  may 
be  filed  within  thirty  days  after  any  payment  not  in- 
cluded in  the  statement  so  filed. 

Sec.    17.      All    statements    shall    be    preserved    for    six 
months  after  the   election   to   which   they   relate,   shall   be   ^  ^,.    ,. 

^  '  Publication    of 

public  records  subject  to  public  inspection,  and  it  shall  totals, 
be  the  duty  of  the  offijcers  having  custody  of  the  same 
to  give  certified  copies  thereof  in  like  imanner  as  of,  other 
public  records.  The  totals  of  each  statement  file4  with 
him,  with  the  name  of  the  person  or  candidate  filing  it, 
shall  be  published  in  the  next  annual  report  of  the  Sec- 
retary of  State,  the  County  Clerk  or  the  City  Clerk,  Audi- 
tor  or    Recorder,   as    the   case   may   be. 


276  ELECTION  LAWS 

Contributions  in  ggQ^   j8_     '^■q.  person  shall  make  a  payment  of  his  own 

another  s    name  ^  ^    •' 

prohibited.  money  or  of  another  person's  money  to  any  other  person 

in  connection  with  a  nomination  or  election  in  any 
other  name  than  that  of  the  person  who  in  trut'-  :. applies 
such  money;  nor  shall  any  person  knowingly  receive 
such  payment  or  enter  or  cause  the  same  to  be  entered 
in  his  accounts  or  records  in  another  name  than  that  of 
the  person  by  whom  it  was  actually  furnished ;  Provided, 
if  the  money  be  received  from  the  treasurer  of  any  po- 
litical organization  it  shall,  be  sufficient  to  enter  the 
same  as  received  from  said  treasurer. 
Promise  of  ap-  Sec.   19.     No  person   shall,  in  order  to  aid  or  promote 

prohibited.  °  °  ^^^  ^^is  nomination  or  election,  directly  or  indirectly,  himself 
or  through  any  other  person,  promise  to  appoint  another 
person,  or  promise  to  secure  or  aid  in  securing  the  ap- 
pointment, nomination  or  election  of  another  person  to 
any  public  or  private  position  or  employment,  or  to  any 
position  of  honor,  trust  or  emolument,  except  that  he  may 
publicly  announce  or  define  what  is  his  choice  or  purpose 
in  relation  to  any  election  in  which  he  may  be  called 
to  take  part,  if  elected,  and  if  he  is  a  candidate  for 
nomination  or  election  as  .a  member  of  the  Legislative 
Assembly  he  may  pledge  himself  to  vote  for  the  people's 
choice  for  United  States  Senator,  or  state  what  his  action 
will  be  on  such  vote. 
Contributions  by  S^c.  20.     No  holder  of  a  public  position  or  ofBce  other 

hrbfted.^"^"^^"^  ^^"^  than  an  office  filled  by  the  voters  shall  pay  or  contribute 
to  aid  or  promote  the  nomination,  or  election  of  any 
other  person  to  public  office.  No  person  shall  invite, 
demand  or  accept  payment  or  contribution  from  such 
holder  of  a.  public  position  or  office  for  campaign  pur- 
poses. 

Sec.  21.     No  holder  of  a  public  position  other  than  an 

Who     not     to     be-        „  ^,,  ,  ,  ,     1,    1  ,1 

come  delegate  to  ofiofce  filled  by  the  voters  shall  be  a  delegate  to  a  con- 
vention for  the  election  district  that  elects  the  officer  or 
board  under  whom  he  directly  or  indirectly  holds  such 
position,  nor  shall  he  be  a  member  of  a  political  com- 
miittee  for  such   district. 

Sec.  22,  No  person  shall  invite,  offer  or  effect  the 
Transfer  of  con-  transfer  of  any  convention  credential  in  return  for  any 
J^Shibited.''*''''''''''   payment   of  money  or  other  valuable   thing. 


STATE    OF   MONTANA  277 

Sec.   23.     No   person   shall  pay,   or   promise   to   reward  f^^^^^g   c°andldacy 
another   in   any   manner  or   form    for   the   purpose   of   in-  prohibited, 
ducing  him  to  be  or  refrain   from  or  cease  being  a   can- 
didate, and  no  person  shall  solicit  any  payment,   promise 
or  reward  from  another  for  such  purpose. 

Sec.  24.     No  person  shall  demand,  solicit,  as'k  or  invite  Contributions, 

.,        .  -  ,.    .  ,.   .      ,     what  prohibited. 

any  payment  or  contribution  for  any  religious,  political, 
charitable  or  other  cause  or  organization  supposed  to  be 
primarily  or  principally  for  the  public  good,  from  a  per- 
son who  seeks  to  be  or  has  been  nominated  or  elected 
to  any  office ;  and  no  such  candidate  or  elected  person 
shall  make  any  such  paym'ent  or  contribution  if  it  shall 
be  demanded  or  asked  during  the  time  he  is  a  candidate 
for  nomination  or  election  (to  or  an  incumbent  of  any 
office.  No  payment  or  contribution  for  any  purpose  shall 
be  made  a  condition  precedent  to  the  putting  of  a  name 
on  any  caucus  or  convention  ballot  or  nomination  paper 
or  petition,  or  to  the  performance  of  any  duty  imposed 
by  law  on  a  political  committee.  No  person  shall  de- 
mand, solicit,  ask  or  invite  any  candidate  to  subscribe 
to  the  support  of  any  club  or  organization,  to  buy  tickets 
to  any  entertainment  or  ball,  or  to  subscribe  for  or  pay 
for  space  in  any  book,  program,  periodical  or  other  pub- 
lication; if  any  candidate  shall  make  any  such  payment 
or  contribution  with  apparent  hope  or  intent  to  influence 
the,  result  of  the  election,  he  shall  !be  guilty  of  a  corrupt 
practice;  but  this  section  shall  not  apply  to  the  soliciting 
of  any  business  advertisement  for  insertion  in  a  periodical 
in  which  such  candidate  was  regularly  advertising  prior 
to  his  candidacy,  nor  to  ordinary  business  advertising,  nor 
to  his  regular  payment  to  any  organization,  religious, 
charitable  or  otherwise,  of  which  he  may  have  been  a 
member,  or  to  which  he  may  have  been  a  contributor 
for  more  than  six  months  before  his  candidacy,  nor  to 
ordinary  contributions   at   church   services. 

Sec.    25.      No   corporation,    and   no   person,    trustee,    or 
trustees  owning  or  holding  the  majority  of  the   stock  of  ?o%o^raSon"prohib- 
a  corporation  carrying  on  the  business  of  a  bank,  savings   ^^^<^' 
bank,  co-operative  bank,  trust,  trustee,  surety,  indemnity, 
safe  deposit,  insurance,  railroad,  street  railway,  ^telegraph, 
telephone,  gas,  electric  light,  heit,  povver,  canal,  aqueduct. 


276  ELECTION  LAWS 

Contributions  in  ggQ^   jg      ;^o  person  shall  make  a  payment  of  his  own 

another  s    name  ^  ^    -' 

prohibited.  money  or  of  another  person's  money  to  any  other  person 

in  connection  with  a  nomination  or  election  in  any 
other  name  than  that  of  the  person  who  in  trut'-  :> applies 
such  money ;  nor  shall  any  person  knowingly  receive 
such  payment  or  enter  or  cause  the  same  to  be  entered 
in  his  accounts  or  records  in  another  name  than  that  of 
the  person  by  whom  it  was  actually  furnished;  Provided, 
if  the  money  be  received  from  the  treasurer  of  any  po- 
litical organization  it  shall,  be  sufficient  to  enter  the 
same  as  received  from  said  treasurer. 
Promise  of  ap-  Sec.    19.     No  person   shall,  in  order  to  aid  or  pro^mote 

prohiSted.  ^  °  ^^^  '^is  nomination  or  election,  directly  or  indirectly,  himself 
or  through  any  other  person,  promise  to  appoint  another 
person,  or  promise  to  secure  or  aid  in  securing  the  ap- 
pointment, nomination  or  election  of  another  person  to 
any  public  or  private  position  or  employment,  or  to  any 
position  of  honor,  trust  or  emolument,  except  that  he  may 
publicly  announce  or  define  what  is  his  choice  or  purpose 
in  relation  to  any  election  in  which  he  may  be  called 
to  take  part,  if  elected,  and  if  he  is  a  candidate  for 
nomination  or  election  as  a  member  of  the  Legislative 
Assembly  he  may  pledge  himself  to  vote  for  the  people's 
choice  for  United  States  Senator,  or  state  what  his  action 
will  be  on  such  vote. 
Contributions  by  See.  20.     No  holder  of  a  public  position  or  office  other 

hfbfted^''^^^'^  ^'°"  than  an  office  filled  by  the  voters  shall  pay  or  contribute 
to  aid  or  proimote  the  no^mination  or  election  of  any 
other  person  to  public  office.  No  person  shall  invite, 
demand  or  accept  payment  or  contribution  fro'm  such 
holder  of  a.  public  position  or  office  for  'campaign  pur- 
poses. 

Sec.  21.     No  holder  of  a  public  position  other  than  an 

Who     not     to     be-        „  „_  ,  ,     1,    1  ,1 

come    delegate    to   offiice   filled   by   the   voters   shall   be   a   delegate   to   a   con- 
conventions.  .  .  ,  ,         .  1  •        •  1  1      i         1  rr 

vention  for  the  election  district  that  elects  the  officer  or 
board  under  whom  he  directly  or  indirectly  holds  such 
position,  nor  shall  he  be  a  member  of  a  political  com- 
mittee for  such   district. 

Sec.  22.  No  person  shall  invite,  offer  or  effect  the 
Transfer  of  con-  transfer  of  any  convention  credential  in  return  for  any 
p^ShibTted.'"'^'''''''^'  payment  of  money  or  other  valuable  thing. 


STATE    OF   MONTANA  277 

Sec.   23.      No   person   shall  pay,    or   promise   to   reward  ^^^g^^^^    ^°^  ^d^^~ 
another   in   any   manner  or   form   for   the   purpose   of   in-  prohibited, 
ducing  him  to  be  or  refrain  from  or  cease  being  a   can- 
didate, and  no  person  shall  solicit  any  payment,   promise 
or  reward  from  another  for  such  purpose. 

Sec.  24.     No  person  shall  demand,  solicit,  ask  or  invite  Contributions, 

^.,      ^.  r  ,..  i-^-i     what  prohibited. 

any  payment  or  contribution  for  any  religious,  political, 
charitable  or  other  cause  or  organization  supposed  to  be 
primarily  or  principally  for  the  public  good,  from  a  per- 
son who  seeks  to  be  or  has  been  nominated  or  elected 
to  any  office;  and  no  such  candidate  or  elected  person 
shall  make  any  such  paym'ent  or  contribution  if  it  shall 
be  demanded  or  asked  during  the  time  he  is  a  candidate 
for  nomdnation  or  election  (to  or  an  incumbent  of  any 
office.  No  payment  or  contribution  for  any  purpose  shall 
be  made  a  condition  precedent  to  the  putting  of  a  name 
on  any  caucus  or  convention  ballot  or  nomination  paper 
or  petition,  or  to  the  performance  of  any  duty  imposed 
by  law  on  a  political  committee.  No  person  shall  de- 
mand, solicit,  ask  or'  invite  any  candidate  to  subscribe 
to  the  support  of  any  club  or  organization,  to  buy  tickets 
to  any  entertainment  or  ball,  or  to  subscribe  for  or  pay 
for  space  in  any  book,  program,  periodical  or  other  pub- 
lication ;  if  any  candidate  shall  make  any  such  payment 
or  contribution  with  apparent  hope  or  intent  to  influence 
the.  result  of  the  election,  he  shall  be  guilty  of  a  corrupt 
practice;  but  this  section  shall  not  apply  to  the  soliciting 
of  any  business  advertisement  for  insertion  in  a  periodical 
in  which  such  candidate  was  regularly  advertising  prior 
to  his  candidacy,  nor  to  ordinary  business  advertising,  nor 
to  his  regular  payment  to  any  organization,  religious, 
charitable  or  otherwise,  of  which  he  may  have  been  a 
member,  or  to  which  he  may  have  been  a  contributor 
for  more  than  six  months  before  his  candidacy,  nor  to 
ordinary   contributio'ns   at   church   services. 

Sec.    25.      No   corporation,   and  no  person,    trustee,    or 
trustees  owning  or  holding  the  majority  of  the  stock  of  ?o°rpo''raSon"prohib- 
a  corporation  carrying  on  the  business  of  a  bank,  savings  it®*^- 
bank,  co-operative  bank,  trust,  trustee,  surety,  indemnity, 
safe  deposit,  insurance,  railroad,  street  railway,  ^telegraph, 
telephone,  gas,  electric  light,  heit,  power,  canal,  aqueduct. 


278  ELECTION  LAWS 

water,  cemetery,  or  crematory  company,  or  any  company 
having  the  right  to  take  or  condemn  land  or  to  exercise 
franchises  in  public  ways  granted  by  the  State  or  by  any 
cou'nty,  city  or  town,  shall  pay  or  contribute  in  order  to 
aid,  promote  or  prevent  the  nomination  or  election  of 
any  person,  or  in  order  to  aid  or  pro'mote  the  interests, 
success  or  defeat  of  any  political  party  or  organization. 
No  person  shall  solicit  or  receive  such  payment  or  com- 
tribution  from  such  corporation  or  such  holders  of  a 
majority  of  such  stock. 

Treating,  making  ^^^-  ^^-  ^"^  person  or  candidate  who  shall  either  by 
g^fts,  etc.,  forbid-  himself  or  by  any  other  person,  either  before  or  after 
an  election,  or  while  such  person  or  candidate  is  seeking 
a  nomination  or  election,  directly  or  indirectly,  give  or 
provide,  or  pay,  wholly  or  in  part,  the  expenses  of  giving 
or  providing  any  meat  or  drink  or  other  entertainment 
or  provision,  clothing,  liquors,  cigars  or  tobacco,  to  or 
for  any  person  for  the  purpose  of  or  with  intent  or  hope 
to  influence  that  person  or  any  other  person  to  give  or 
refrain  fro'm'  giving  his  vote  at  such  election  to  or  for 
any  candidate  or  political  party  ticket,  or  measure  'before 
the  people,  or  on  account  of  such  persons  or  any  other 
person  having  voted  or  refrained  from  voting  for  any 
candidate  or  the  candidates  of  any  political  party  or 
organization  or  measure  before  the  people,  or  being  about 
to  vote  or  refrain  from  voting  at  such  election  shall  be 
guilty  of  treating.  Every  elector  who  accepts  or  takes 
any  such  meat,  drink,  entertainment,  provision,  clothing, 
liquors,  cigars  or  tobacco  shall  also  be  guilty  of  treating; 
and  such  acceptance  shall  be  ground  of  challenge  to  his 
vote  and  of  rejecting  his  vote  on  a  contest. 

Challenges   pro-  ^^^-  ^7*     Whenever  any  person's  right  to  vote  shall  be 

c®^^''®-  challenged,  and  he  has  taken  the  oath  prescribed  'by  the 

statutes,  and  if  it  is  at  a  nominating  election,  then  it 
shall  be  the  duty  of  the  clerks  of  election  to  write  in  the 
poll  books  at  the  end  of  such  person's  name  the  words 
''challenged  and  sworn,"  with  the  name  of  the  challenger. 
Thereupon  the  chairman  of  the  board  of  judges  shall 
write  upon  the  back  of  the  ballot  offered  by  such  chal- 
lenged voter  the  number  of  his  ballot,  in  order  that  the 
same  may  'be  identified   in  any  future  contest  of  the   re- 


STATE   OF  MONTANA  279 

suits  of  the  election,  and  be  cast  out  if  it  shall  appear 
to  the  court  to  have  been  for  any  reason  wrongfully  or 
illegally  voted  for  any  candidate  or  on  any  question. 
And  such  marking  of  the  name  of  such  challenged  voter, 
nor  the  testimony  of  any  judge  or  clerk  of  election  in 
reference  thereto,  or  in  reference  to  the  manner  in  which 
said  challenged  person  voted,  if  said  testimony  shall  be 
given  in  the  course  of  any  contest,  investigation  or  trial 
wherein  the  legality  of  the  vote  of  such  person  is  ques- 
tioned for  any  reason,  shall  not  be  deemed  a  violation 
of  Section  8130,  Revised  Codes  of  Montana. 

Sec.  28.  Every  person  who  shall,  directly  or  indirectly,  coercion  and  un- 
by  himself  or  any  other  person  in  his  behalf,  make  use  fghlbie^"^"^^  ^""" 
of  or  threaten  to  make  use  of  any  force,  coercion,  violence, 
restraint,  or  undue  influence,  or  inflict  or  threaten  to 
inflict,  by  himself  or  any  other  peron,  any  temporal  or 
spiritual  injury,  damage,  harm,  or  loss  upon  or  against 
any  person  in  order  to  induce  or  compel  such  person 
to  vote  or  refrain  from  voting  for  any  candidate  or  the 
ticket  of  any  political  party,  or  any  measure  before  the 
people,  or  any  person  who,  being  a  minister,  preacher 
or  priest,  or  any  officer  of  any  church,  religious  or  other 
corporation  or  organization,  otherwise  than  'by  public 
speech  or  print,  shall  urge,  persuade  or  command  any 
voter  to  vote  or  refrain  from  voting  for  or  against  any 
candidate  or  political  party  ticket  or  measure  submitted 
to  the  people,  for  or  on  account  of  his  religious  duty, 
or  the  interest  of  any  corporation,  church  or  other  or- 
ganization, or  who  shall  by  abduction,  duress  or  any 
fraudulent  contrivance,  impede  or  prevent  the  free  ex- 
ercise of  the  franchise  by  any  voter  at  any  election,  or 
shall  thereby  compel,  induce  or  prevail  upon  any  elector 
tn  give  or  to  refrain  from'  giving  his  vote  at  any  election, 
shall  be  guilty,  of  undue  influence,  and  shall  be  punished 
as  for  corrupt  practice. 

Sec.  29.  Any  candidate  who,  before  or  during  any 
election  campaign,  makes  any  bet  or  wager  of  anything  Betting  unlawful, 
of  pecuniary  value,  or  in  any  manner  'becomes  a  party 
to  any  such  bet  or  wager  on  the  result  of  the  election 
in  his  electoral  district  or  in  any  part  thereof,  or  on  any 
event    or    contingency    relating   to    any    pending    election. 


282  ELECTION  LAWS 

hundred  dollars  for  the  first  offense,  and  for  the  second 
and  each  subsequent  offense  occurring  on  the  same  or 
different  election  days,  he  shall  be  punished  "by  fine  as 
aforesaid,  or  by  imprisonment  in  the  county  jail  for  not 
less  than  five  nor  more  than  thirty  days,  or  by  both 
such   fine   and   imprisonment. 

Sec.  35.  It  shall  be  unlawful  to  write,  print,  or  circu- 
Circuiating  anony-  ^^te  through  the  mails  or  otherwise  any  letter,  circular, 
mous  bills  prohib-  bill,  placard  or  poster  relating  to  any  election  or  to 
any  candidate  at  any  election,  unless  the  same 
shall  bear  on  its  face  the  name  and  address  of  the 
author,  and  of  the  printer  and  publisher  thereof;  and 
any  person  writing,  printing,  pu'blishing,  circulating,  post- 
ing, or  causing  to  be  written,  printed,  circulated,  posted 
or  published  any  such  letter,  bill,  placard,  circular  or 
poster  as  aforesaid,  which  fails  to  bear  on  its  face  the 
name  and  address  of  the  author  and  of  the  printer  or 
publisher  shall  be  guilty  of  an  illegal  practice,  and  shall, 
on  conviction  thereof,  be  punished  by  a  fine  of  not  less 
than  ten  dollars  nor  more  than  one  thousand  dollars.  If 
any  letter,  circular,  poster,  bill,  publication  or  placard 
shall  contain  any  false  statement  or  charges  reflecting 
on  any  candidate's  character,  morality  or  integrity,  the 
author  thereof  and  every  person  printing  or  knowingly 
assisting  in  the  circulation  shall  'be  guilty  of  political 
criminal  libel  and  upon  conviction  thereof  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  for  not  less 
than  one  nor  more  than  three  years.  If  the  person  charged 
with  such  crime  shall  prove  on  his  trial  that  he  had 
Pouticai  criminal  reasonable  ground  to  believe  such  charge  was  true  and 
did  believe  it  was  true,  and  that  he  was  not  actuated  by 
malice  in  making  such  publication,  it  shall  be  a  suffiicient 
defense  to  such  charge.  But  in  that  event,  and  as  a  part 
of  such  defense,  the  author  and  the  printer  or  pu'blfsher, 
or  other  person  charged  with  such  crime,  shall  also  prove 
that,  at  least  .  fifteen  days  before  such  letter,  circular, 
poster,  bill  or  placard  containing  such  false  statement 
or  statements  was  printed  or  circulated,  he  or  they  caused 
to  be  served  personally  and  in  person  upon  the  candidate 
to  whom  it  relates  a  copy  thereof  in  writing,  and  calling 
his  attention  particularly*  to  the  charges  contained  therein. 


STATE   OF  MONTANA  2 

and  that,  before  printing,  publishing  or  circulating  such 
charges,  he  received  and  read  any  denial,  defense  or  ex- 
planation, if  any,  made  or  offered  to  him  in  writing  by 
the  accused  candidate  within  ten  days  after  the  service 
of  such   charge   upon  the   accused  person. 

Sec.  36.  The  name  of  a  candidate  chosen  at  a  primary 
nominating  election  or  otherwise  shall  not  be  printed 
on  the  official  ballot  for  the  ensuing  election  unless  there  statements  d  t 
has  been  filed  by  or  on  behalf  of  said  candidate  the  state-  of  candidate, 
ments  of  accounts  and  expenses  relating  to  nominations 
required  by  this  act,  as  well  as  a  statement  by  his  political 
agent  and  by  his  political  committee  or  committees  in 
his  behalf,  if  his  statement  discloses  the  existence  of 
such  agent,  committee  or  committees.  The  officer  or 
board  entrusted  by  law  with  the  preparation  of  the  official 
ballots  for  any  election  shall,  as  far  as  practicable,  warn 
candidates  of  the  danger  of  the  omission  of  their  names 
by  reason  of  this  provision",  but  delay  in  making  any 
such  statement  beyond  the  time  prescribed  shall  not  pre- 
clude its  acceptance  or  prevent  the  insertion  of  the  name 
on  the  ballot  if  there  is  reasonable  time  therefor  after  vacancies,  how 
the  receipt  of  such  statements.  Any  such  vacancy  on  ^"®*^' 
the  ballot  shall  be  filled  by  the  proper  committee  of  his 
political  party  in  the  manner  authorized  by  law,  but  not 
by  thie  use  of  the  name  of  the  candidate  who  failed  to 
file  such  statements.  No  person  shall  receive  a  certificate 
of  election  until  he  shall  have  filed  the  statements  re- 
quired by  this  act. 

Sec.  37.  It  shall  be  unlawful  for  any  person  to  accept, 
receive  or  pay  money  or  any  valuable  consideration  for 
becoming  or  for  refraining  from  becoming  a  candidate 
for  nomination  or  election,  or  by  himself  or  in  combina-  fat  °Tor^  venal ^~ 
tion  with  any  other  person  or  persons  to  become  a  can-  purposes, 
didate  for  the  purpose  of  defeating  the  nomination  or 
election  of  any  other  person  and  not  with  a  bona  fide 
intent  to  obtain  the  office.  Upon  complaint  made  to  any 
District  Court,  if  the  Judge  shall  be  convinced  that  any 
person  has  sought  the  nomination  or  seeks  to  have  his 
name  presented  to  the  voters  as  a  candidate  for  nomi- 
nation by  any  political  party  for  any  mercenary  or  venal 
consideration   or   motive,   and   that   his   candidacy   for  the 


284  .  ELECTION  LAWS 

nomination  is  not  in  good  faith,  the  Judge  shall  forth- 
with issue  his  writ  of  injunction  restraining  the  officer 
or  offi'cers  whose  duty  it  is  to  prepare  the  official  ballots 
for  such  nominating  election  from  placing  the  name  -of 
such  person  thereon  as  a  candidate  for  nomination  to 
any  office.  In  addition  thereto  the  court  shall  direct  the 
County  Attorney  to  institute  criminal  proceedings  against 
such  person  or  persons  for  corrupt  criminal  proceedings 
against  such  person  or  persons  for  corrupt  practice,  and 
upon  conviction  thereof  he  and  any  person  or  persons 
combining  with  him  sha^H  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars,  or  imprisonment  in  the 
county  jail  for  not  more  than  one  year. 

Trivial  offenses,  ^^^'  3^'     Where,  upon  the  trial  of  any  action  or  pro- 

®^®°*-  ceeding  under  the  provisions  of  this  act  for  the   contest 

of  the  right  of  any  person  declared  nominated  or  elected 
to  any  office,  or  to  annul  or  set  aside  such  nomination  or 
election,  or  to  remove  a  person  from  his  office,  it  appears 
from  the  evidence  that  the  offense  complained  of  was 
not  committed  by  the  candidate,  or  with  his  knowledge 
or  consent,  or  was  committed  without  his  sanction  or 
connivance,  and  that  all  reasonable  means  for  preventing 
the  commission  of  such  ofifense  at  such  election  were 
taken  by  and  on  behalf  of  the  candidate,  or  that  the 
offense  or  offenses  complained  of  were  trivial,  unimpor- 
tant and  limited  in  character,  and  that  in  all  other  re- 
spects his  participation  in  the  election  was  free  from 
such  offense  or  illegal  acts,  or  that  any  act  or  omission 
of  the  candidate  arose  from  inadvertence  or  from  acci- 
dental miscalculation,  or  from  some  other  reasonable  cause 
of  a  like  nature,  and  in  any  case  did  not  arise  from  any 
want  of  good  faith,  and  under  the  circumstances  it  seems 
to  the  court  to  be  unjust  that  the  said  candidate  shall 
forfeit  his  nomination  or  office  or  be  deprived  of  any 
office  of  which  he  is  the  incumbent,  then  the  nomination 
or  election  of  such  candidate  shall  not  by  reason  of  such 
oifense  or  omission  complained  of  be  void,  nor  shall  the 
candidate  be  removed  from  or  deprived  of  his  office. 

Removal    from    of-         g^^^   ^^       j^^    ^p^^    ^^^   ^^j^j    ^^    ^^^    ^^^^^^    ^^    proceeding 

under  the  provisions  of  this  act,  for  the  contesting  of 
the   right  of  any  person   declared  to  be  nominated   to   an 


STATE   OF   MONTANA  285 

office,  or  elected  to  an  office,  or  to  annul  and  set  aside 
such  election,  or  to  remove  any  person  from  his  office, 
it  shall  appear  that  such  person  was  guilty  of  any  cor- 
rupt practice,  illegal  act^  or  undue  influence  in  or  a'bout 
such  nomination  or  election,  he  shall  be  punished  by 
being  deprived  of  the  nomination  or  office,  as  the  case 
may  be,  and  the  vacancy  therein  shall  be  filled  in  the 
manner  provided  by  law.  The  only  exception  to  this 
judgment  shall  be  that  provided  in  Section  38  of  this 
act.  Such  judgment  shall  not  prevent  the  candidate  or 
offifcer  from  being  proceeded  against  by  indictment  or 
criminal  information  for  any  such  act  or  acts. 

Sec.  40.  Any  action  to  contest  the  right  of  any  person  violation  of  act, 
declared  elected  to  an  office,  or  to  annul  and  set  aside  commenJig.^  ^^"^ 
such   election,  or  to   remove  from  or  deprive   any   person  n 

of  an  office  of  which  he  is  the  incumbent,  for  any  offense 
mentioned  in  this  act,  must,  unless  a  different  time  be 
stated,  be  com^menced  within  forty  days  after  the  return 
day  of  the  election  at  which  such  offense  was  committed, 
unless  the  ground  of  the  action  or  proceeding  is  for  the 
illegal  payment  of  money  or  other  valuable  thing  sub- 
sequent to  the  filing  of  the  statements  prescribed  by  this 
act,  in  which  case  the  action  or  proceeding  may  be  com- 
menced within  forty  days  after  the  discovery  by  the  com- 
plainant of  such  illegal  payment.  A  contest  of  the  nomi- 
nation or  office  of  Governor  or  Representative  or  Senator 
in  Congress  must  be  commenced  within  twenty  days 
after  the  declaration  of  the  result  of  the  election,  but 
this  shall  not  be  construed  to  apply  to  any  contest  before 
the   Legislative  Assembly. 

Sec.   41.      An    application    for    filing   a    statement,    pay- 

^  .  ^^  .  .  ^  .,  .-    Contest,   petition, 

ment  of  a  claim  or  correction  of  an  error  or  false  recital  filed  where, 
in  a  statement  filed  or  an  action  or  proceeding  to  annul 
and  set  aside  the  election  of  any  person  declared  elected 
to  an  office,  or  to  remove  or  deprive  any  person  of  his 
office  for  an  offense  mentioned  in  this  act,  or  any  peti- 
tion to  excuse  any  person  or  candidate  in  accordance 
with  the  power  of  the  court  to  excuse  as  provided  in 
Section  38  of  this  act,  must  be  made  or  filed  in  the  Dis- 
trict  Court  of  the  county  in  which   the   certificate   of   his 


286 


ELECTION  LAWS 


Violation      of 
punishment. 


act, 


T^uty  of  county  at- 
torney. 


Decree    of   court. 


Grounds  of  contest. 


nomination  as  a  candidate  for  the  office  to  which  he  is 
declared  nominated  or  elected  is  filed,  or  in  which  the 
incumbent   resides. 

Sec.  42.  A  candidate  nominated  or  elected  to  an  office, 
and  whose  nomination  or  election  thereto  has  been  an- 
nulled and  set  aside  for  any  offense  mentioned  in  this 
act,  shall  not,  during  the  period  fixed  by  law  as  the  term 
of  such  offiice  be  elected,  or  appointed  to  fill  any  office 
or  vacancy  in  any  office  or  position  of  trust,  honor  or 
•emolument  under  the  laws  of  the  State  of  Montana  or 
of  any  municipality  therein.  Any  appointment  or  elec- 
tion to  any  office  or  position  of  trust,  honor  or  emolu- 
ment made  in  violation  of  or  contrary  to  the  provisions 
of   this   act   shall  be  void. 

Sec.  43.  If  any  County  Attorney  shall  be  notified  by 
.iny  officer  or  other  person  of  any  violation  of  any  of  the 
provisions  of  this  act  within  his  jurisdiction,  it  shall  be 
his  duty  forthwith  to  diligently  inquire  into  the  facts 
of  such  violation,  and  if  there  is  reaso'najble  ground  for 
instituting  a  prosecution  it  shall  be  the  duty  of  such 
County  Attorney  to  file  a  complaint  or  information  in 
writing,  before  a  court  of  competent  jurisdiction,  charg- 
ing the  accused  person  with  such  offense;  if  any  County 
Attorney  shall  fail  or  refuse  to  faithfully  perform  any 
duty  imposed  upon  him  by  this  act,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  forfeit  his  office.  It  shall  be  the  duty  of  the  County 
Attorney,  under  penalty  of  forfeiture  of  his  offiice,  to 
prosecute  any  and  all  persons  guilty  of  any  violation  of 
the  provisions  of  this  act,  the  penalty  of  which  is  fine 
or  imprisonment,  or  both,  or  removal  from  office. 

Sec.  44.  If,  in  any  case  of  a  contest  on  the  ground 
of  illegal  votes,  it  appears  that  another  person  than  the 
one  returned  has  the  highest  number  of  legal  votes,  after 
the  illegal  votes  have  been  eliminated,  the  court  must 
declare  such  person  nominated  or  elected,  as  the  case 
may  be. 

Sec.  45.  Any  elector  of  the  State,  or  of  any  political 
or  municipal  division  thereof,  may  contest  the  right  of 
any   person   to   any   nomination    or   office    for   which    such 


STATE   OF  MONTANA  287 

elector   has   the   right   to   vote,   for   any   of   the   following 
causes  • 

1.  On  the  ground  of  deliberate,  serious  and  miaterial 
violation  of  any  of  the  provisions  of  this  act,  or  of  any 
other  provision  of  the  law  relating  to  nominations  or 
elections. 

2.  When   the   person   whose   right   was    contested   was 

not,  at  the  time  of  the  election,  eligible  to  such  office.  \ 

3.  On  account  of  illegal  votes  or  an  erroneous  or 
fraudulent    count    or    canvass    of    votes. 

Sec.  46.  Nothing  in  the  third  ground  of  contest  speci-  inegai  votes,  de- 
fied in  Section  45  is  to  ^be  so  construed  as  to  authorize 
a  nomination  or  election  to  be  set  aside  on  account  of 
illegal  votes,  unless  it  appear,  either  that  the  candidate 
or  nominee  whose  right  is  contested  had  knowledge  of, 
or  connived  at  such  illegal  votes,  or  that  the  number 
of  illegal  votes  given  to  the  person  whose  right  to  the 
nomination  or  offiice  is  contested,  if  taken  from  him,  would 
reduce  the  number  of  his  legal  votes  below  the  number 
of  votes  given  to  some  other  person  for  the  same  nomi- 
nation or  office,  after  deducting  therefrom  the  illegal 
votes  which  may  be  shown  to  have  been  given  to  such 
other   person. 

Sec.  47.  When  the  reception  of  illegal  votes  is  alleged 
as  a  cause  of  contest,  it  shall  be  sufficient  to  state  gen- 
erally that  in  one  or  more  specified  voting  precincts  lUegai  votes,  duty 
illegal  votes  were  given  to  the  person  whose  nomination  °'  contestant, 
or  election  is  contested,  which,  if  taken  from  him,  will 
reduce  the  number  of  his  legal  votes  below  the  number 
of  legal  votes  given  to  some  other  person  for  the  same 
office;  but  no  testimony  shall  be  received  of  any  illegal 
votes    unless    the   party    contesting   such    election    deliver  ' 

to  the  opposite  party,  at  least  three  days  before  such 
trial,  a  written  list  of  the  number  of  illegal  votes,  and 
by  whom  given,  which  he  intends  to  prove  on  such  trial. 
This  provision  shall  not  prevent  the  contestant  from 
offering  evidence  of  illegal  votes  not  included  in  such 
statement,  if  he  did  not  know  and  by  reasonable  diligence 
was  unable  to  learn  of  such  additional  illegal  votes  and  by 
whom  they  were  given,  before  delivering  such  written  list. 


288 


ELECTION  LAWS 


Contest    petition, 


bond. 


Costs. 


Court    procedure. 


Sec.  48.  Any  petition  contesting  the  right  of  any  per- 
son to  a  nomination  or  election  shall  set  forth  the  name 
of  every  person  whose  election  is  contested,  and  the 
grounds  of  the  contest,  and  shall  not  thereafter  be 
amended,  except  by  leave  of  the  court.  Before  any  pro- 
ceeding thereon  the  petitioner  shall  give  bond  in  the 
State  in  such  sum  as  the  court  may  order,  not  exceeding 
two  thousand  dollars,  with  not  less  than  two  sureties, 
who  shall  justify  in  the  manner  required  of  sureties  on 
bail  bonds,  conditioned  to  pay  all  costs,  disbursements 
and  attorney's  fees  that  may  be  awarded  against  him  if 
he  shall  not  prevail.  If  the  petitioner  prevails,  he  may 
recover  his  costs,  disbursements  and  reasonable  attorney's 
fees  against  the  contestee.  But  costs,  disbursements  and 
attorney's  fees,  in  all  such  cases,  shall  be  in  the  discre- 
tion of  the  court,  and  in  case  judgment  is  rendered  against 
the  petitioner  it  shall  also  be  rendered  against  the  sure- 
ties on  the  bond.  On  the  filing  of  any  such  petition  the 
clerk  shall  immediately  notify  the  Judge  of  the  court, 
and  issue  a  citation  to  the  persons  whose  nomination 
or  office  is  contested,  citing  them  to  appear  and  answer 
ndt  less  than  three  nor  more  than  seven  days  after  the 
date  of  filing  the  petition,  and  the  court  shall  hear  said 
cause,  and  every  such  contest  shall  take  precedence  over 
all  other  business  on  the  court  docket  and  shall  be  tried 
and  disposed  of  with  all  convenient  dispatch.  The  court 
shall  always  be  deemed  in  session  for  the  trial  of  such 
cases. 

Sec.  49,  The  petitioner  (contestant)  and  the  contestee 
may  appear  and  produce  evidence  at  the  hearing,  but  no 
person  other  than  the  petitioner  and  contestee  shall  be 
made  a  party  to  the  proceedings  on  such  petition ;  and 
no  person  other  than  said  parties  and  their  attorneys 
shall  be  heard  thereon,  except  by  order  of  the  court.  If 
more  than  one  petition  is  pending,  or  the  election  of 
more  than  one  person  is  contested,  the  court  may,  in 
its  discretion,  order  the  cases  to  be  heard  together,  and 
may  apportion  the  costs,  disbursements  and  attorneys' 
fees  between  them,  and  shall  finally  determine  all  ques- 
tions of  law  and  fact,  save  only  that  the  Judge  may  in 
his   discretion   empanel   a  jury  to   decide   on   questions   of 


STATE  OF  MONTANA  289 

fact.  In  the  case  of  a  -contested  nomination  or  election 
for  Senator  or  Representative  in  the  Legislative  Assembly, 
or  for  Senator  or  Representative  in  Congress,  the  court 
shall  forthwith  certify  its  findings  to  the  Secretary  of 
State  to  be  by  him  transmitted  to  the  presiding  officer 
of  the  body  in  question.  In  the  case  of  other  nominations 
or  elections,  the  court  shall  forthwith  certify  its  decision 
to  the  board  or  official  issuing  certificates  of  nomination 
or  election,  which  board  or  official  shall  thereupon  issue 
certificates  of  nomination  or  election  to  the  person  or 
persons  entitled  thereto  by  such  decision.  If  judgment 
of  ouster  against  a  defendant  shall  be  rendered,  said 
judgment  shall  award  the  nomination  or  office  to  the 
person  receiving  next  the  highest  num'ber  of  votes,  unless 
it  shall  be  further  determined  in  the  action,  upon  ap- 
propriate pleading  and  proof  by  defendant,  that  some 
act  has  been  done  or  committed  which  would  have  been 
ground  in  a  similar  action  against  such  person,  had  he 
received  the  highest  number  of  votes  for  such  nomina- 
tion or  office,  for  a  judgment  of  ouster  against  him ;  and 
if  it  shall  be  so  determined  at  the  trial,  the  nomination 
or  office  shall  be  by  th-e  judgment  declared  vacant,  and 
shall  thereupon  be  filled  by  a  new  election,  or  'by  appoint- 
ment, as  may  be  provided  by  law  regarding  vacancies 
in  such  nomination  or  office. 

Sec.  50.  In  like  manner  as  prescribed  for  the  contest- 
ing of  an  election,  any  corporation  organized  under  the  ^'^poratioSf  pr^^^ 
laws  of  or  doing  business  in  the  State  of  Montana  may  ce^ure. 
be  brought  into  court  on  the  ground  of  deliberate,  serious 
and  material  violation  of  the  provisions  of  this  act.  The 
petition  shall  be  filed  in  the  District  Court  in  the  county 
where  said  corporation  has  its  principal  office,  or  where 
the  violation  of  law  is  averred  to  have  'been  committed. 
The  court,  upon  conviction  of  such  corporation,  may 
impose  a  fine  of  not  more  than  ten  thousand  dollars,  or 
may  declare  a  forfeiture  of  the  charter  and  franchises 
of  the  corporation  if  organized  under  the  laws  of  this 
State,  or  if  it  be  a  foreign  corporation  may  enjoin  said 
corporation  from  further  transacting  business  in  this 
State,  or  by  both  such  fine  and  forfeiture,  or  by  both 
such  fine   and   injunction. 


290  ELECTION  LAWS 

Penalties.  ggc.   5 1.     Whoever   violates   any   provision   of   this   act, 

the  punishment  for  which  is  not  specifically  provided 
by  law,  shall  on  conviction  thereof  be  punished  by  im- 
prisonment in  the  county  jail  for  not  more  than  one  year, 
or  hy  a  fine  of  not  more  than  five  thousand  dollars,  or 
by  both  such  fine  and  imprisonment. 

Sec.  52.     Proceedings  under  this  act  shall  be  advanced 

Court    proceedings  On   the   docket   upon   request   of   either   party   for   speedy 

to  have  precedence.         'iit  •  . 

trial,  but  the  court  may  postpone  or  continue  such  trial 
if  the  ends  of  justice  may  be  thereby  more  effectually 
secured,  and  in  case  of  such  continuance  or  postponement, 
the  court  may  impose  costs  in  its  discretion  as  a  con- 
dition thereof.  No  petition  shall  be  dismissed  without 
the  consent  of  the  County  Attorney  unless  the  same  shall 
be  dismissed  by  the  court.  No  person  shall  be  excused 
from  testifying  or  producing  papers  or  documents  on 
the  ground  that  his  testimony  or  the  production  of  papers 
or  documents  will  tend  to  criminate  him ;  'but  no  admis- 
sion, evidence  or  paper  made  or  advanced  or  produced 
by  such  person  shall  be  offered  or  used  against  him  in 
any  civil  or  criminal  prosecution,  or  any  evidence  that 
is  the  direct  result  of  such  evidence  or  information  that 
he  may  have  so  given  except  in  a  prosecution  for  perjury 
committed   in   such   testimony. 

Sec.  53.     A  petition  or  complaint  filed  under  the  pro- 
visions of  this  act  shall  be  suffijcient  if  it  is  substantially 
in   the  following  form: 
,  ,  ^  ^  In  the  District  Court  of  the  Judicial  District, 

Complaint,  form  of.  r    ^  ir 

for  the  County  of    ,   State   of   Monana. 

A.    B.    (or   A.    B.    and    C.    D.),    Contestants,    vs.    E.    F., 

Contestee. 

The  petition  of  contestant  (or  contestants)  above  named 
alleges : 

That  an  election  was  held  (in  the  State,  District,  County 

or   City  of    ),   on   the    ....    day   of    , 

A.  D.  19..,  for  the  (nomination  of  a  candidate  for)  (or 
election  of  a)    (state  the  office). 

That    and     were    candidates    at 

said   election,   and   the   board  of   canvassers   has   returned 

the  said   as  being  duly  nominated   (or  elected) 

at  said  election. 


STATE  OF  MONTANA  291 

That  contestant  A.  B.  voted  (or  had  a  right  to  vote, 
as  the  case  may  be)  at  said  election  (or  claims  to  have 
had  a  right  to  be  returned  as  the  nominee  or  officer 
elected  or  nominated  at  said  election,  or  was  a  candidate 
at  said  election,  as  the  case  may  be),  and  said  contestant 
C.  D.  (here  state  in  like  manner  the  right  of  each  con- 
testant). 

And  said  contestant  (or  contestants)  further  allege 
(here  state  the  facts  and  grounds  on  which  the  con- 
testants rely). 

Wherefore,  your  contestants  pray  that  it  may  be  de- 
termined by  the  court  that  said   was  not  duly 

nominated  (or  elected)  and  that  said  election  was  void 
(or  that  the  said  A.  B.  or  C.  D.,  as  the  case  may  be) 
was  duly  nominated  (or  elected)  and  for  such  other 
and  further  relief  as  to  the  court  may  seem  just  and 
legal  in  the  premises. 

Said  -complaint  shall  be  verified  by  the  affidavit  of  one 
of  the  petitioners  in  the  manner  required  by  law  for  the 
verification  of  comiplaints  in  civil  cases. 

Sec.  54.  The  statement  of  expenses  required  from  can- 
didates and  others  by  this  act  shall  'be  in  substantially 
the   following   form : 

State  of  Montana,  /  statement    of    ex- 

V     ss.  penses,    form    of. 

County  of  ) 

I,   ,  having  been  a  candidate   (or  expended 

money)     at     the     election     for     the     (State),     (District), 

(County),     (City)    of    on    the     day    of 

,  A.   D.   19..,  'being  first  duly  sworn,   on   oath 

do  say :  That  I  have  carefully  examined  and  read  the 
return  of  my  election  expenses  and  receipts  hereto  at- 
tached, and  to  the  best  of  my  knowledge  and  belief  that 
return  is  full,  correct  and  true. 

And  I  further  state  on  oath  that,  except  as  appears 
from  this  return,  I  have  not,  and  to  the  best  of  my  knowl- 
edge and  belief  no  person,  nor  any  club,  society  or  as- 
sociation, has  on  my  behalf,  whether  authorized  by  me 
or  not,  made  any  payment,  or  given,  promised,  or  offered 
any    reward,    office,    employment    or    position,    public    or 


292  ELECTION  LAWS 


private,  or  valuable  consideration,  or  incurred  any  liability 
on  account  of  or  in  resipect  of  the  conduct  or  management 
of  the  said  nomination  or  election. 

And  I  further  state  on  oath  that,  except  as  specified 
in  this  return,  I  have  not  paid  any  money,  security  or 
equivalent  for  money,  nor  has  any  money  or  equivalent 
for  money  to  my  knowledge  or  belief  been  paid,  advanced, 
given  or  deposited  by  anyone  to  or  in  the  hands  of  my- 
self or  any  other  person  for  my  nomination  or  election 
or  for  the  purpose  of  paying  any  expenses  incurred  on 
my  behalf  on  account  or  in  respect  of  the  conduct  or 
management  of  the  said  election. 

And  I  further  state  on  oath  that  I  will  not,  except 
so  far  as  I  may  be  permitted  by  law,  at  any  future  time 
make  or  be  a  party  to  the  making  or  giving  of  any  pay- 
ment, reward,  office,  position  or  employment,  or  valuable 
consideration  for  the  purpose  of  defraying  any  such  ex- 
penses or  obligations  as  herein  mentioned  for  or  on  account 
of  my  nomination  or  election,  or  provide  or  be  a  party 
to  the  providing  of  any  money,  security  or  equivalent 
for  money  for  the  purpose  of  defraying  any  such  expense. 
(Signature  of  Affiant)   

Subscribed  and  sworn  to  before  me  by  the  above  named 
on  the day  of ,  A.  D.,  19. .. 

Attached  to  said  affidavit  shall  be  a  full  and  complete 
account  of  the  receipts,  contributions  and  expenses  of 
said  affiant,  and  of  his  supporters  of  which  he  has  knowl- 
edge, with  numbered  vouchers  for  all  sums  and  payments 
for  which  vouchers  are  required  as  to  all  money  expended 
by  affiant.  The  affidavit  and  account  of  the  treasurer  of 
any  committee  or  any  political  party  or  organization  shall 
be  as  nearly  as  may  be  in  the  same  form,  and  so  also 
shall  be  the  affidavit  of  any  person  who  has  received  or 
expended  money  in  excess  of  the  sum  of  fifty  dollars 
to  aid  in  securing  the  nomination  or  election  or  defeat 
of  any  candidate,  or  of  any  political  party  or  organiza- 
tion, or  of  any  measure  before  the  people. 


STATE  OF  MONTANA  293 

Sec.   55.     Any  person  who   shall  knowingly  'make   any  Perjury, 
false  oath  or  affidavit  where   an  oath  or  affidavit  is   re- 
quired by  this  law  shall  be  deemed  guilty  of  perjury  and 
punished  accordingly. 

(Initiated  and  passed  by  the  people  at  the  general  elec- 
tion of  November,  1912.) 


STATE  OF  MONTANA  296 


CRIMES    AGAINST    ELECTIVE    FRANCHISE. 

(Sections  refer  to  Revised  Codes  of   1907;   Sections  in 
brackets  refer  to  Codes  of   1895.) 

Section  8124.  Violation    of    Election    Laws    by    Certain    Officers 
a   Felony. 

8125.  Fraudulent   Registration   a  Felony. 

8126.  Fraudulent   Voting. 

8127.  Attempting  to  Vote  Without  Being  Qualified. 

8128.  Procuring   Illegal   Voting. 

8129.  Changing  Ballots  or  Altering  Returns  by  Election 

Officers. 

8130.  Judges  Unfolding  or  Marking  Tickets. 

8131.  Forging  or  Altering  Returns. 

8132.  Adding  to  or  Subtracting  From  Votes  Given. 

8133.  Persons  Aiding  and  Abetting. 

8134.  Intimidating,    Corrupting,    Deceiving   or   Defrauding 

Electors. 

8135.  Offense  Under  the  Election  Laws. 

8136.  Officers  of  Election  Not  to  Electioneer,  Etc. 

8137.  Offenses   at   an   Election. 

8138.  Furnishing   Money    for   Electors. 

8139.  Unlawful  Offer  to  Appoint  to  Office. 

8140.  Communication   of   Same. 

8141.  Bribing  Members  of  Legislative  Caucuses,  Etc. 

8142.  Preventing  Public  Meetings  of  Electors. 

8143.  Disturbance  of  Public  Meetings  of  Electors. 

8144.  Betting  on  Elections. 

8145.  Violation  of  Election  Laws. 

8146.  Not  to  Sell  Liquor  on  Election  Day. 

8147.  Expenses  of  Candidate. 

8148.  Unlawful   to  Promise   Appointments. 

8149.  What  Money  May  Be  Paid  to  Political  Committees. 

8150.  Lawful  Expenses  of  Candidate. 

8151.  Limitations     of     Contributions     to     Political     Com- 

mittees. 

8152.  Political  Committees  Defined. 

8153.  Statement  of  Expenses,  by  Candidate. 

8154.  Statement  of  Disbursements  by  Treasurer. 

8155.  Statement  of  Other  Persons. 

8156.  Indirect  Payments  Not  Allowed. 

8157.  Solicitation   of   Money   Prohibited. 

8158.  Statement  of  Treasurer  Filed  With  County   Clerk. 

8159.  Power  of  Supreme  and  District  Courts. 

8160.  Exemption   of  Witness   From   Prosecution. 

8161.  Clerk   May   Require   Correct   Statement. 

8162.  Statement   Must   Be   Under   Oath. 

8163.  Statement   Open  to   Public   Inspection. 


296 


ELECTION  LAWS 


Official  misconduct. 


Fraudulent    regis- 
tration,   cancella- 
tion. 


A    felony. 


8164.  Secretary  of  State  to  Provide  Blanks. 

8165.  Clerk  to  Receipt  for  Statement. 

8166.  Vouchers   for  Expenses. 

8167.  Scope   of  Aot. 

8168.  Penalties. 

8169.  Bribery. 

8170.  Bets  and  Wagers. 

8171.  Treating  on  Election  Day. 

8172.  Undue  Influence. 

8173.  Unlawful  Acts  of  Employes. 

8174.  Fines  Paid  Into  School  Funds. 

8175.  Violation  of  Act  Voids  Election. 

Sec.  8124.  (Sec.  60.)  Violation  of  Election  Laws  by 
Certain  Officers  a  Felony. — Every  person  charged  with 
the  performance  of  any  duty,  under  the  provisions  of 
any  law  of  this  State  relating  to  elections,  or  the  regis- 
tration of  the  names  of  electors,  or  the  canvassing  of 
the  returns  of  election,  who  wilfully  neglects  or  refuses 
to  perform  such  duty,  or  who  in  his  official  capacity 
knowingly  and  fraudulently  acts  in  contravention  or  viola- 
tion of  any  of  the  provisions  of  such  laws,  is,  unless  a 
different  punishment  for  such  acts  or  omissions  is  pre- 
scribed by  this  code,  punishable  by  fine  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  the  State 
prison   not   exceeding  five  years,   or  both. 

Sec.  8125.  (Sec.  61.)  Fraudulent  Registration  a 
Felony. — Every  person  who  wilfully  causes,  procures  or 
allows  himself  to  be  registered  in  the  official  register 
of  any  election  district  of  any  county,  knowing  himself 
not  to  be  entitled  to  such  registration,  is'  punishable  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment in  the  county  jail  or  State  prison  not  exceeding 
one  year,  or  both.  In  all  cases  where,  on  the  trial  of  the 
person  charged  with  any  offense  under  the  provisions 
of  this  section,  it  appears  in  evidence  that  the  accused 
stands  registered  in  such  register  of  any  county,  without 
being  qualified  for  such  registration,  the  court  must  order 
such  registration  to  be  cancelled. 

Sec.  8126.  (Sec.  62.)  Fraudulent  Voting. — Every  per- 
son not  entitled  to  vote,  who  fraudulently  votes,  and 
every  person  who  votes  more  than  once  at  any  one  elec- 
tion, or  changes  any  ballot  after  the  same  has  'been  de- 


STATE   OF  MONTANA  297 

posited  in  the  ballot  box,  or  adds,  or  attempts  to  add, 
any  ballot  to  those  legally  polled  at  any  election,  either 
by  fraudulently  introducing  the  same  into  the  ballot  box 
before  or  after  the  ballots  therein  have  been  counted ; 
or  adds  to,  or  mixes  with,  or  attempts  to  add  to  or  mix 
with,  the  ballots  lawfully  polled,  other  ballots,  while  the 
same  are  being  counted  or  canvassed,  or  at  any  other 
time,  with  intent  to  change  the  result  of  such  election; 
or  carries  away  or  destroys,  or  attempts  to  carry  away 
or  destroy,  any  poll  lists,  check  lists,  or  ballots,  or  ballot 
box,  for  the  purpose  of  breaking  up  or  invalidating  such 
election,  or  wilfully  detains,  mutilates  or  destroys  any 
election  returns,  or  in  any  manner  so  interferes  with  the 
officers  holding  such  election  or  conducting  such  canvass, 
or  with  the  voters  lawfully  exercising  their  rights  or 
voting  at  such  election,  as  to  prevent  such  election  or 
canvass  from  being  fairly  held  and  lawfully  conducted, 
is  guilty  of  a  felony. 

Sec.   8127.      (Sec.   63.)      Attempting   to   Vote   Without 
Being  Qualified. — Every  person  not  entitled  to  vote,  who  Misdemeanor, 
fraudulently  attempts  to  vote  or  register,  or  who,  being 
entitled  to  vote,  attempts  to  register  or  vote  more  than 
once  at  any   election,   is  guilty  of  a  misdemeanor. 

Sec.  8128.     (Sec.  64.)     Procuring:  Illegal  Voting. — Every 

^  .,  .  ,  ,    .  Misdemeanor. 

person  who  procures,  aids,  assists,  counsels,  or  advises 
another  to  register  or  give  or  offer  his  vote  at  any  elec- 
tion, knowing  that  the  person  is  not  entitled  to  vote  or 
register,  is  guilty  of  a  misdemeanor. 

Sec.  8129.  (Sec.  65.)  Changing  Ballots  or  Altering  Felony. 
Returns  by  Election  Officers. — Every  officer  or  clerk  of 
election  who  aids  in  changing  or  destroying  any  poll  list 
or  check  list,  or  in  placing  any  ballots  in  the  ballot  box, 
or  taking  any  therefrom,  or  adds,  or  attempts  to  add,  any 
ballots  to  those  legally  polled  at  such  election,  either 
by  fraudulently  introducing  the  same  into  the  ballot  box 
.before  or  after  the  ballots  therein  have  been  counted,  or  . 
adds  to  or  mixes  with,  or  attempts  to  add  to  or  mix 
with  the  ballots  polled  any  other  ballots,  while  the  same 
are  being  counted  or  canvassed,  or  at  any  other  time, 
with  intent  to  change  the  result  of  such  election,  or  allows 
another  to   do   so,  when   in   his   power   to  prevent   it,   or 


ELECTION  LAWS 


Misdemeanor. 


Felony. 


Felony. 


Felony. 


Misdemeanor. 


carries  away  or  destroys,  or  knowingly  allows  another 
to  carry  away  or  destroy  any  poll  list,  check  list,  -ballot 
box,  or  ballots  lawfully  polled,  is  guilty  of  a  felony. 

Sec.  8130.  (Sec.  6S.)  Judges  Unfolding  or  Marking 
Tickets. — Every  judge  or  clerk  of  an  election  who,  previ- 
ous to  putting  the  ballot  of  an  elector  in  the  ballot  box, 
attempts  to  find  out  any  name  on  such  ballot,  or  who 
opens  or  suffers  the  folded  ballot  of  any  elector  which 
has  been  handed  in,  to  be  opened  or  examined  previous 
to  putting  the  same  into  the  ballot  box,  or  who  makes  or 
places  any  mark  or  device  on  any  folded  ballot,  with 
the  view  to  ascertain  the  name  of  any  person  for  whom 
the  elector  has  voted,  is  punishable  by  imprisonment  in 
the  county  jail  for  a  period  of  six  months  or  in  the  State 
prison  not  exceeding  two  years,  or  by  fine  not  exceeding 
five  hundred  dollars,  or  by  both. 

Sec.  813 1.  (Sec.  6y.)  Forging  or  Altering  Returns. — 
Every  person  who  forges  or  counterfeits  returns  of  an 
election  purporting  to  have  been  held  at  a  precinct,  town 
or  ward  where  no  election  was  in  fact  held,  or  wilfully 
substitutes  forged  or  counterfeit  returns  of  election  in  the 
place  of  the  true  returns,  for  a  precinct,  town  or  ward 
where  an  election  was  actually  held,  is  punishable  by 
imprisonment  in  the  State  prison  for  a  term  not  less  than 
two  nor  more  than  ten  years. 

Sec.  8132.  (Sec.  68.)  Adding  to  or  Subtracting  From 
Votes  Given. — Every  person  who  wilfully  adds  to  or  sub- 
tracts from  the  votes  actually  cast  at  an  election,  in  any 
returns,  or  who  alters  such  returns,  is  punishable  by  im- 
prisonment in  the  State  prison  for  not  less  than  one  nor 
more  than  five  years. 

Sec.  8133.  (Sec.  69.)  Persons  Aiding  and  Abetting. — 
Every  person  who  aids  or  abets  in  the  commission  of 
any  of  the  offenses  mentioned  in  the  foui  preceding 
sections  is  punishable  by  imprisonment  in  the  county 
jail  for  a  period  of  six  months  or  in  the  State  prison 
not  exceeding  two  years. 

Sec.  8134.  (Sec.  70.)  Intimidating,  Corrupting,  De- 
ceiving or  Defrauding  Electors. — Every  person  who  by 
force,    threats,    menaces,   bribery,   or    any    corrupt    means. 


STATE  OF  MONTANA  299 

either  directly  or  indirectly,  attempts  to  influence  any 
elector  in  giving  his  vote,  or  to  deter  him  from  giving 
the  same,  or  attempts  by  any  means  whatever  to  awe, 
restrain,  hinder,  or  disturb  any  elector  in  the  free  ex- 
ercise of  the  right  of  suffrage,  or  defrauds  any  elector 
at  any  such  election,  by  deceiving  and  causing  such  elector 
to  vote  for  a  different  person  for  any  office  than  he  in- 
tended or  desired  to  vote  for;  or  who,  being  judge  or 
clerk  of  any  election,  while  acting  as  such,  induces  or 
attempts  to  induce  any  elector,  either  by  menaces  or 
reward,  or  promise  thereof,  to  vote  differently  from  what 
such  elector  intended  or  desired  to  vote,  is  guilty  of  a 
misdemeanor,  and  is  punishable  by  a  fine  not  exceeding 
one  thousand  dollars  or  imprisonment  not  to  exceed  one 
year,  or  both. 

Sec.  8135.  (Sec.  71.)  Offenses  Under  the  Election  suppression  or  de- 
Laws. — Every  person  who  falsely  makes,  or  fraudulently  ffflcates?  a^^feionyT 
defaces  or  destroys  the  certificates  of  nomination  of  can- 
didates for  office  to  be  filled  by  the  electors  at  any  elec- 
tion, or  any  part  thereof,  or  files  or  receives  for  filing 
any  certificate  of  nomination,  knowing  the  same,  or  any 
part  thereof,  to  be  falsely  made,  or  suppresses  any  cer- 
tificate of  nomination,  which  has  been  duly  filed,  or  any 
part  thereof,  or  forges  or  falsely  makes  the  official  en- 
dorsement on  any  ballot,  is  guilty  of  a  felony  and  upon 
conviction  thereof  is  punishable  by  imprisonment  in  the 
State  prison  not  less  than  one  nor  more  than  five  years. 

Sec.  8136.  (Sec.  y2^  Officers  of  Election  Not  to  .  . 
Electioneer,  Etc. — Every  offilcer  or  clerk  of  election  who 
deposits  in  a  ballot  box  a  ballot  on  which  the  official 
stamp,  as  provided  by  law,  does  not  appear,  or  does 
any  electioneering  on  election  day,  is  guilty  of  a  mis- 
demeanor and  upon  conviction  is  punishable  by  imprison- 
ment not  to  exceed  six  months,  or  by  a  fine  not  less 
than  fifty  nor  more  than  five  hundred  dollars,  or  both. 

Sec.  8137.     (Sec.  73.)     Offenses  at  an  Election. — Every 
person  who,  during  an  election,  removes  or  destroys  any  piaces.^mfsdemean? 
of  the  supplies  or  other  conveniences,  placed  in  the  booths  °^- 
or  compartments  for  the  purpose  of  enabling  a  voter  to 
prepare  his  ballot,  or  prior  to  or  on  the  day  of  election 
wilfully  defaces  or  destroys  any  list  of  candidates  posted 


300  ELECTION  LAWiS 

in  accordance  with  the  provisions  of  law,  or  during  an 
election  tears  down  or  defaces  the  cards  printed  for  the 
instruction  of  voters,  or  does  any  electioneering  on  elec- 
tion day  within  any  polling  place  or  any  building  in  which 
an  election  is  being  held,  or  within  twenty-five  feet  thereof, 
or  obstructs  the  doors  or  entries  thereof,  or  removes 
any  ballot  from  the  polling  place  before  the  closing  of 
the  polls,  or  shows  his  ballot  to  any  person  after  it  is 
marked  so  as  to  reveal  the  contents  thereof,  or  solicits  an 
elector  to  show  his  ballot  after  it  is  marked,  or  places  a 
mark  on  his  ballot  by  which  it  may  afterward  be  identi- 
fied, or  receives  a  ballot  from  any  other  person  than  one 
of  the  judges  of  the  election  having  charge  of  the  'ballots, 
or  votes  or  offers  to  vote  any  ballot  except  such  as  he 
has  received  from  the  judges  of  election  having  charge 
I  ■  of  the  ballots,  or  does  not  return  the  ballot  before  leaving 

the  polling  place,   delivered   to   him  by   such  judges   and 
I  which  he  has  not  voted,  is  guilty  of  a  misdemeanor  and 

is  punishable  by  a  fine  not  exceeding  one  hundred  dollars. 

Misdemeanor.  Sec.  8138.     (Sec.  74.)     Furnishing  Money  for  Electors. — 

Every  person  who,  with  the  intention  to  promote  the 
election  of  himself  or  any  other  person,  either: 

1.  Furnishes  entertainments,  at  his  expense,  to  any 
meeting   of   electors    previous    to    or   during   an    election; 

2.  Pays  for,  procures,  or  engages  to  pay  for  any  such 
entertainment ; 

3.  Furnishes  or  engages  to  pay  any  money  or  property 
for  the  purpose  of  procuring  the  attendance  of  voters 
at  the  polls,  or  for  the  purpose  of  compensating  any 
person  for  procuring  the  attendance  of  voters  at  the  polls, 
except  for  the  conveyance  of  voters  who  are  sick  or 
infirm ; 

4.  Furnishes  or  engages  to  pay  or  deliver  any  money 
or  property  for  any  purpose  intended  to  promote  the 
election  of  any  candidate,  except  for  the  expense  of  hold- 

'  ing   and    conducting   public    meetings    for    the    discussion 

of  public  questions,  and  of  printing  and  circulating  ballots, 
hand  bills,  and  other  papers,  previous  to  such  election; 
is  guilty   of   a   misdemeanor. 


STATE   OF   MONTANA  301 

Sec.  8139.  (Sec.  75.)  Unlawful  Offer  to  Appoint  to  Misdemeanor. 
Office. — Every  person  who,  being  a  candidate  at  any 
electon,  offers  or  agrees  to  appoint  or  procure  the  ap- 
pointment of  any  particular  person  to  office,  as  an  i^- 
ducement  or  consideration  to  any  person  to  vote  for,  or 
to  procure  or  aid  in  procuring  the  election  of  such  can- 
didate,  is   guilty   of  a  misdemeanor. 

Sec.  8140.  (Sec.  'jd,)  Communication  of  Same. — Every 
person,  not  being  a  candidate,  who  communicates  any  Misdemeanor, 
offer,  made  in  violation  of  the  last  section,  to  any  person 
with  intent  to  induce  him  to  vote  for,  or  to  procure  or 
to  aid  in  procuring  the  election  of  the  candidate  making 
the  offer,  is  guilty  of  a  misdemeanor. 

Sec.  8141.  (Sec.  'jy?^  Bribing  Members  of  Legislative 
Caucuses,  Etc. — Every  person  who  gives  or  offers  a  bribe 
to  any  officer  or  member  of  any  legislative  caucus,  politi- 
cal convention,  or  political  gathering  of  any  kind,  held  Felony, 
for  the  purpose  of  nominating  candidates  for  offices  of 
honor,  trust,  or  profit  in  this  State,  with  intent  to  in- 
fluence the  person  to  whom  such  bribe  is  given  or  offered 
to  be  more  favorable  to  one  candidate  than  another,  and 
every  person,  member  of  either  of  the  bodies  in  this 
section  mentioned,  who  receives  or  offers  to  receive  any 
such  bribe,  is  punishable  by  imprisonment  in  the  State 
prison  not  less  than  one  nor  more  than  fourteen  years. 

Sec.  8142.     (Sec.  78.)     Preventing  Public  Meetings  of  Misdemeanor. 
Electors. — Every   person   who,   by   threats,    intimidations, 
or    violence,    wilfully    hinders   or    prevents    electors    from 
assembling    in    public    meeting    for    the    consideration    of 
public  questions,   is  guilty  of  a  misdemeanor. 

Sec.  8143.  (Sec.  79.)  Disturbance  of  Public  Meetings  Misdemeanor, 
of  Electors. — Every  person  who  wilfully  disturbs  or  breaks 
up  any  public  meeting  of  electors  or  others,  lawfully  being 
held  for  the  purpose  of  considering  public  questions,  any 
public  school  or  public  school  'meeting  is  guilty  of  a  mis- 
demeanor. 

Sec.    8144.      (Sec.    80.)      Betting    on    Elections.— Every  Misdemeanor, 
person   who   makes,   offers   or  accepts   any  bet   or   wager 
upon  the  result  of  any  election,  or  upon  the   success  or 
failure  of  any  person  or  candidate,  or  upon  the   number 


Misdemeanor, 


302  ELECTION  LAWS 

of  votes  to  be  cast,  either  in  the  aggregate  or  for  any- 
particular  candidate,  or  upon  the  vote  to  be  cast  by  any 
person,  is  guilty  of  a  misdemeanor. 

Sec.  8145.      (Sec.   81.)      Violation  of   Election   Laws. — 

Every  person  wrho  wilfully  violates  any  of  the  provisions 
of  the  laws  of  this  State  relating  to  elections  is,  unless 
a  different  punishment  for  such  violation  is  prescribed 
by  this  code,  punishable  by  fine  not  exceeding  one  thou- 
sand dollars,  or  by  imprisonment  in  the  State  prison 
not   exceeding   five   years,    or  both. 

Sec.  8146.  (Sec.  82.)  Not  to  Sell  Liquor  on  Election 
Day. — Every  person  who  sells,  gives  away  or  furnishes 
spirituous  or  malt  liquors,  cider,  wine,  or  any  other  in- 
toxicating beverages  on  any  part  of  any  day  set  apart 
for  any  general  or  special  or  municipal  election  during 
the  hours  when  by  law  the  polls  are  required  to  be  kept 
open,  is  guilty  of  a  misdemeanor,  and  punishable  'by  im- 
prisonment not  exceeding  six  months,  or  by  a  fine  not 
less  than  fifty  nor  more  than  five  hundred  dollars,  or  both. 

Sec.  8147.  (Sec.  83.)  Payment  of  Expenses  of  Candi- 
date  by   Another. — No   person    shall,   in    order   to   aid   or 

fions."""    "     promote   his   own   nomination    as   a    candidate    for   public 

office,  by  a  caucus,  convention,  or  nomination  paper,  di-  ^ 
rectly  or  indirectly,  by  himself,  or  through  another  per- 
son, or  by  a  political  committee,  give,  pay,  expend  or 
contribute,  or  promise  to  give,  pay,  expend  or  contribute, 
any  money  or  other  valuable  thing,  except  for  personal 
expenses    as    hereinafter   provided. 

Sec.  8148.  (Sec.  84.)  Unlawful  to  Promise  Appoint- 
ments.— No  person  shall,  in  order  to  aid  or  promote  his 
own  nomination  or  election  to  a  public  offilce,  directly  or 
Prmn^sing  appoint-  indirectly,  by  himself  or  through  another  person,  promise 
to  appoint,  or  promise  to  secure  or  assist  to  secure  the 
appointment,  nomination  or  election  of  another  person 
to  a  public  position  or  to  a  position  of  honor,  trust  or 
emolument,  if  he  shall  himself  be  elected  to  the  public 
office  for  which  he  is  a  candidate,  except  that  he  may 
announce  or  define  his  own  choice  or  purpose  in  relation 
to  an  election  in  which  he  may  be  called  to  take  part. 


Unlawful    contribu- 


STATE  OF  MONTANA  303 

Sec.  8149.  (Sec.  85.)  What  Money  May  Be  Paid  to 
Political  Committees. — Nb  person  shall,  in  order  to  aid  or 
promote  his  own  election  to  a  public  office,  directly  or 
indirectly,  by  himself  or  through  another  person,  give, 
pay,  expend  or  contribute  any  money  or  other  valuable 
thing,  except  as  hereinafter  provided,  for  personal  expense 
and   to   a    political   committee. 

Sec.  8150.  (Sec.  86.)  Lawful  Expenses  of  Candidate. — 
A  candidate  for  nomination  or  election  to  a  public  office, 
and  any  other  person,  may  incur  and  pay,  in  connection  ^^j^  ^^  campaign 
with  such  nomination  or  election,  his  own  personal  ex-  expenses, 
penses  for  traveling  and  purpMDses  properly  incidental  to 
traveling;  for  writing,  printing  and  preparing  for  trans- 
mission, any  letter,  circular  or  other  publication,  which 
is  not  issued  at  regular  intervals,  whereby  he  may  make 
known  his  own  position  or  views  upon  public  or  other 
questions;  for  stationery  and  postage,  for  telegraph,  tele- 
phone and  other  public  messenger  service,  and  for  other 
petty  personal  expenses;  but  all  such  expenses  shall  be 
Hmited  to  those  which  are  directly  incurred  and  paid  by 
him,  and  by  him  alone;  and  every  person  shall  be  re- 
quired to  include  such  personal  expenses  in  any  state- 
ment which  may  be  required  of  him  under  this  act.  And 
in  no  other  case  whatever  shall  the  total  sum  paid,  or 
agreed  to  be  paid,  by  any  candidate  for  his  own  personal 
expenses,  as  authorized  by  this  act,  exceed  the  sum  of 
one  thousand  dollars  by  any  candidate  for  United  States 
Senator,  for  Congress  or  for  any  State  office ;  nor  shall 
such  personal  expenses  exceed  the  sum  of  one  hundred 
dollars  by  any  candidate  for  a  county  or  other  office. 

Sec.  Sim.  (Sec.  87.)  Limitations  of  Contributions  to 
Political  Committees. — A  person  who  is  nominated  as  a 
candidate  for  public  office  by  a  caucus,  convention  or 
nomination  paper,  and  any  person  who  shall,  with  his 
own  assent,  be  voted  for  public  office,  may  make  a  volun- 
tary payment  of  money,  or  a  voluntary  or  unconditional  fci?it?onT^  °^  ^^^~ 
promise  of  payment  of  money,  to  a  political  committee 
as  hereinafter  defined,  for  the  promotion  of  the  principles 
of  the  party  which  the  committee  represents  and  for  the 
general  purposes  of  the  committee.  But  in  no  case,  by 
direct  or  indirect  voluntary  contribution,  shall  such  total 


304  ELECTION   LAWS 

aggregate  voluntary  payments  exceed  the  sum  of  one 
thousand  dollars  'by  any  candidate  for  the  United  States 
Senate,  for  Congress  or  for  State  offiices;  nor  shall  such 
total  aggregate  voluntary  payments  exceed  the  sum  of 
fifty  dollars  by  any  candidate  for  member  of  the  State 
Legislature,  or  one  hundred  dollars  for  any  county  or 
other  office  within  the  State,  nor  the  sum  of  one  hundred 
dollars  by  any  candidate  for  any  other  offi'ce.  Provided, 
that  nothing  in  this  act  contained  shall  be  construed  to 
authorize  or  permit  any  candidate  to  make  such  payment 
to  more  than  one  committee,  or  person,  acting  otherwise 
than  under  the  authority  or  in  behalf  of  a  political  com- 
mittee,  in  any  county. 

Sec.  8152.  (Sec.  88.)  Political  Committee  Defined. — 
Duty  of  treasurer  ^^^  term  "political  Committee,"  under  the  provisions  of 
of  committee.  ^j^jg  ^^^^  shall  apply  to  every  committee  or  combination 

of  persons  who  shall  aid  or  promote  the  success  or  defeat 
of  any  political  party  or  principle  in  a  public  election, 
or  shall  aid  or  take  part  in  the  nomination,  election  or 
defeat  of  a  candidate  for  public  office.  Every  such  com- 
mittee shall  have  a  treasurer,  who  is  a  legal  voter  of  the 
State,  and  shall  cause  to  be  kept  by  him  detailed  accounts 
of  all  money  and  the  equivalent  of  money,  which  shall 
be  received  by  or  promised  to  the  committee,  or  any 
person  acting  under  its  authority  or  in  its  behalf,  and 
of  all  such  expenditures,  disbursements  or  promises  of 
payment  or  disbursement,  which  shall  be  made  by  the 
committee  or  any  person  acting  under  its  authority  or 
in  its  behalf;  and  no  person,  acting  under  the  authority 
or  in  the  behalf  of  such  committee,  shall  receive  any 
money  or  equivalent  of  money,  or  expend  or  disburse  the 
same,  until  the  committee  has  chosen  a  treasurer  to  keep 
its   accounts    as    herein    provided. 

Sec.  8153.     (Sec.  89.)     Statement  of  Expenses  by  Can- 
didate.— A  person  who,  acting  under  the  authority  or  in 
urer^^^of *  cljmmlt-  behalf  of  a  political  committee,  shall  receive  any  money 
^^'  or  equivalent  of  money,  or  promise  of  the  same,  or  shall 

•expend  any  money,  or  its  equivalent,  or  shall  incur  any 
liability  to  pay  money  or  its  equivalent,  shall  at  any 
time  thereafter,  on  demand  of  the  treasurer  of  such  com- 
mittee, and  in  any  event  within  fourteen  days  after  such 


STATE   OF  MONTANA  305 

receipt,  expenditure,  promise  or  liability,  give  to  such 
treasurer  a  detailed  account  of  the  same,  with  all  vouchers 
required  by  this  act;  and  such  account  shall  constitute 
a  part  of  the  accounts  and  records  of  such  treasurer. 

Sec.  8it;4.     (Sec.  go.)     Statement  of  Disbursements  by  ^    ^    ^      ,    .  ^ 

o^        \  y     ^  J     Contents    of    state- 

Treasurer. — The  treasurer  of  every  political  committee  ment 
which  shall  receive  or  expend  or  disburse  any  money, 
or  equivalent  of  money,  or  incur  any  liability  to  pay 
money,  in  connection  with  any  election,  if  the  aggregate 
of  such  receipts  or  of  such  expenditures,  disbursements 
and  liabilities  shall  exceed  ten  dollars,  shall,  within  thirty 
days  after  such  election,  file  a  statement  setting  forth 
all  the  receipts,  expenditures,  disbursements  and  lia:bili- 
ties  of  the  committee,  and  of  every  officer  and  other 
person  acting  under  its  authority  or  in  its  behalf.  Such 
statement  shall  include  the  amount  in  each  case  received, 
the  name  of  the  person  or  committee  from  whom  it  was 
received,  and  the  date  of  its  receipt,  and  shall  also  in- 
clude the  amount  of  every  expenditure  or  disbursement, 
the  name  of  the  person  or  committee  to  whom  the  ex- 
penditure or  disbursement  was  made,  and  the  date  of 
every  such  expenditure  or  disbursement,  and  shall  clearly 
state  the  purposes  for  which  it  was  expended  or  dis- 
bursed. The  statement  shall  also  give  the  date  and 
amount  of  every  existing  unfulfilled  promise  or  liability, 
both  to  and  from  such  committee,  remaining  uncanceled 
and  in  force  at  the  time  the  statement  is  made,  with  the 
name  of  the  person  or  committee  to  or  from  whom  the 
unfulfilled  promise  or  liability  exists,  and  clearly  state 
the  purpose  for  which  the  promise  or  liability  was  made 
or   incurred. 

Sec.  8155.  (Sec.  91.)  Statement  by  Other  Persons. — 
Every  person,  who,  acting  otherwise  than  under  the  au- 
thority or  in  behalf  of  a  political  committee,  having  a 
treasurer  as  hereinbefore  provided,  receives  money  or  SSSf^  °^  ^^^*^ 
the  equivalent  of  money,  or  expends  or  disburses,  or 
promises  to  expend  or  disburse  money  or  its  equivalent, 
to  an  amount  exceeding  ten  dollars,  for  the  purpose  of 
aiding  or  promoting  the  success  or  defeat  of  a  political 
party  candidate  or  principle  in  a  public  election,  or  of 
aiding  or  taking  ;part  in  the  nomination,  election  or  de- 


306  ELECTION  LAWS 

feat  of  a  candidate  for  public  office,  shall  file  such  state- 
ment as  is  herein  required  to  be  filed  by  a  treasurer  of 
a  political  committee  in  the  county  in  which  he  is  a 
legal  voter,  and  shall  be  sulbject  to  all  the  requirements 
of  this  act,  the  same  as  a  political  committee  and  the 
treasurer  thereof;  but  no  person  other  than  a  legal  voter 
of  the  State  shall  receive,  expend  or  disburse  any  money 
or  equivalent  of  money,  or  promise  to  expend  or  disburse 
the  same,  for  either  of  the  purposes  above  named,  except 
for  personal  expenses  as  herein  provided,  or  under  the 
authority  or  in  behalf  of  a  political   committee. 

Sec.  8156.    (Sec.  92.)    Indirect  Payments  Not  Allowed. — 

No  person  shall,  directly  or  indirectly,  by  himself  or 
through  another  person,  make  a  payment  or  promise  of 
Contributions  to  be  payment  to  a  political  committee,  or  to  an  officer  or 
in  name  of  giver.  q^\^q^  person  acting  under  its  authority  or  in  its  behalf, 
in  any  other  than  his  own  name;  nor  shall  such  com- 
mittee officer  or  other  person,  knowingly  receive  a  pay- 
ment or  promise  of  payment,  or  enter  or  cause  the  same 
to  be  entered  in  the  accounts  or  records  of  such  com- 
mittee, in  any  other  name  than  that  of  the  person  by 
whom  such  payment  or  promise  of  payment  is  rnade. 

Sec.  8157.  (Sec.  93.)  Solicitatidn  of  Money  Pro- 
hibited.— No  political  committee,  and  no  person  acting 
under  the  authority  or  in  behalf  of  a  political  committee, 
shall  demand,  solicit,  ask  or  invite  a  payment  of  money 
or  promise  of  payment  of  money  to  be  used  in  an  elec- 
tion, from  a  person  who  has  been  nominated  by  a 
caucus,  convention  or  nominating  paper,  as  a  candidate 
for  public  office  in  such  election;  and  no  person  so  nomi- 
nated shall  make  any  such  payment  in  an  election  in 
which  he  is  a  candidate  for  public  office,  to  a  political 
committee,  or  to  any  person  acting  under  the  authority 
or  in  behalf  of  a  political  committee,  if  such  committee 
or  any  such  person  has  demanded,  solicited,  asked  or 
invited  from  him  any  such  payment  or  promise  of  pay- 
ment. 

Sec.   81  q8.      (Sec.   94.)      Statement    of   Treasurer    Filed 

be  filed?  ''°""*^  *°  With  County  Clerk.— The  statement  required  ^by  this  act 

to  be  filed  by  the  treasurer  of  a  political  committee  shall 


STATE    OF    MONTANA  307 

be  filed  with  thfe  Clerk  of  the  county  in  which  the  treas- 
urer is  a  legal  voter,  except  that,  in  case  a  political  com- 
mittee has  its  headquarters  in  some  other  town  or  city 
than  that  in  which  the  treasurer  is  a  legal  voter,  the 
treasurer  shall  file  the  statement  required  of  him  with 
the  Clerk  of  the  county  in  which  such  headquarters  are 
maintained  at  the  time  of  the  election  to  which  such 
statement  relates.  A  statement  relating  to  any  other 
than  a  municipal  election  shall  be  filed  in  duplicate,  and 
one  copy  shall  be  forthwith  forwarded  by  the  County 
Clerk  receiving  the  same  to  the  Secretary  of  State,  by 
whom  it  shall  be  placed  on  file. 

Sec.  8159.  (Sec.  95.)  Power  of  Supreme  and  District 
Courts. — The  Supreme  Court  and  the  District  Court  shall 
have  full  equity  powers  to  compel  any  person  who  fails  complaints  to  be 
to  file  a  statement  as  required  by  this  act,  or  who  files 
a  statement  which  does  not  conform  to  the  provisions 
of  this  act  in  res-pect  to  suffiiciency  in  detail,  conformity 
to  the  truth  or  otherwise,  to  comply  with  the  provisions 
of  this  act  by  filing  such  a  statement  as  is  required,  and 
shall  compel  such  compliance  upon  the  petition  of  any 
candidate  voted  for  or  of  any  five  persons  qualified  to  vote 
at  the  election  on  account  of  which  the  expenditures, 
or  a  part  thereof,  were  or  are  alleged  to  have  been  made.  1 

No  such  petition  shall  be  brought  later  than  sixty  days 
after  such  election,  against  anyone  who  has  filed  his 
account  within  the  thirty  days  required,  excepting  that 
a  petition  may  be  brought  within  thirty  days  of  any  pay- 
ment which  was  not  stated  in  the  statement  so  filed.  Pro- 
ceedings under  this  section  shall  be  advanced  upon  the 
dockets  of  said  courts,  if  requested  by  either  party,  so 
that  they  may  be  tried  and  decided  with  as  little  delay 
as    possi'ble.      No    petition    brought    under    this    act    shall  ' 

be  withdrawn  or  discontinued  without  the  consent  of  the 
Attorney   General. 

Sec.  8160.  (Sec.  96.)  Exemption  of  Witness  From 
Prosecution. — No  person  called  to  testify  in  any  proceed- 
ings under  the  preceding  section  shall  'be  liable  to  criminal 
prosecution  under  this  act  or  otherwise,  for  any  matters 
or  causes  in  respect  of  which  he  shall  be  examined  or  to 


Perjury    excepted. 


308  ELECTION  LAWS 

which  his  testimony  shall  relate,  exicept  to  piosecution 
for  perjury   committed   in   such   testimony. 

Sec.  8161.  (Sec.  97.)  Clerk  May  Require  Correct 
Duty  of  clerk.  Statement. — If  any  statements  which  are  filed  under  this 
act  shall  apparently  fail  to  be  in  conformity  with  the 
requirements  thereof,  it  shall  be  the  duty  of  the  Clerk 
with  whom  any  such  statement  is  filed  forthwith  to  notify 
the  person  making  the  same  of  such  failure,  and  to  re- 
quest him  to  amend  and  correct  the  same. 

Sec.  8162.    (Sec.  98.)    Statement  Must  Be  Under  Oath.— 

Every  person  making  a  statement  required  by  this  act 
shall  make  oath  that  the  same  is  in  all  respects  correct 
and  true  to  the  best  of  his  knowledge  and  belief. 

Sec.  8163.  (Sec.  99.)  Statement  Open  to  Public  In- 
spection.— All  statements  which  are  filed  in  accordance 
with  the  provisions  of  this  act  shall  "be  preserved  for 
not  less  than  fifteen  months  from  the  time  of  the  election 
to  which  they  relate,  and  shall,  during  that  period,  be 
open   to  public  inspection. 

Sec.  8164.  (Sec.  100.)  Secretary  of  State  to  Provide 
Blanks. — The  Secretary  of  State  shall,  at  the  expense  of 
the  State,  proivide  every  County  Clerk  with  the  blank 
forms  suitable  for  such  statements  and  receipts  for  state- 
ments as  are  required  under  this  act.  Said  blank  forms 
shall  be  approved  by  the  Secretary,  Treasurer  and  Auditor 
of  the   State,  or  by  a  majority  of  them. 

Sec.  8165.    (Sec.  loi.)    Clerk  to  Receipt  for  Statement. — 

The  Clerk  of  every  county  shall  give  a  receipt  for  any 
statement  which  may  be  filed  with  him  in  accordance 
with  the  provisions  of  this  act,  at  the  request  of  the 
persons  filing  the  same. 

Sec.  8166.  (Sec.  102.)  Vouchers  for  Expenses. — Every 
Vouchers  to  be  payment  in  respect  of  any  expense  incurred,  which  is  to 
preserved.  ^^  accounted  for  under  this  aot,  shall  be  vouched  for  by 

a  receipted  bill  stating  the  particulars  of  expenses,  and 
every  voucher,  receipt  or  account  required  Dy  this  act 
shall  be  preserved  for  at  least  six  months  from  the  elec- 
tion   to   which   it   relates. 


Fine  and  imprison- 


STATE   OF  MONTANA  309 

Sec.  8167.     (Sec.   103.)     Scope  of  Act.— This  act  shall  Exceptions. 

apply  to  all  public  elections,  whether  for  officers  or  upon 
questions  to  be  submitted  to  the  people,  except  elections 
of  township  offilcers,  and  shall  apply  to  caucuses  and 
conventions  for  the  nomination  of  candidates  to  be  voted 
for  at  such  elections,  and  to  nomination  papers  for  the 
nomination  of  candidates  to  be  voted  for  at  such  elec- 
tions; except  that  Sections  8147  (83),  8149  (85)  and 
8156  (92)  of  this  act  shall  not  apply  to  the  proprietors 
and  publishers  of  publications  issued  at  regnlar  intervals 
in  respect  to  the  ordinary  and  regular  conduct  of  busi- 
ness as  such  proprietors  and  publishers. 

Sec.  8168.  (Sec.  104.)  Penalties. — Whoever  shall  vio- 
late any  of  the  provisions  of  Sections  8147  (83),  8148  (84), 
8149  (85),  8152  (88),  8153  (89),  8157  (93),  8158  (94), 
8162  (98),  8163  (99)  and  8166  (102)  of  this  act  shall  menV 
be  punished  by  a  fine  not  exceeding  one  thousand  dol- 
lars, and  by  imprisonment  in  the  county  jail  for  not 
more  than  three  months.  Whoever  shall  violate  any  of 
the  provisions  of  Sections  8154  (90),  8155  (91)  and  8156 
(92)  of  this  act  shall  be  punished  by  a  fine  not  exceeding 
one  thousand  dollars  and  by  imprisonment  in  the  county 
jail   for  not  more   than   three   months. 

Sec.  8169.  (Sec.  105.)  Bribery. — The  following  per- 
sons shall  be  deemed  guilty  of  bribery,  and  shall  be 
punished  by  a  fine  not  exceeding  one  thousand  dollars 
and  imprisonment  in  the  penitentiary  not  exceeding  one 
year: 

1.  Every  person  who,  directly  or  indirectly,  by  himself 
or  'by  any  other  person  on  his  behalf,  gives,  lends,  or 
agrees  to  give  or  lend,  or  offers  or  promises  any  money 
or  valuable  consideration,  or  promise  to  procure  or  en- 
deavors to  procure,  any  money  or  valuable  consideration, 
to  or  for  any  election,  or  to  or  for  any  person  on  behalf 
of  any  elector,  or  to  or  for  any  person,  in  order  to  induce 
any  elector  to  vote  or  refrain  from  voting,  or  corruptly 
does  any  such  act  as  aforesaid,  from  voting  at  any  election. 

2.  Every  person  -who,  directly  or  indirectly,  by  him- 
self or  by  any  other  person  on  his  behalf,  gives  or  pro- 
cures, or  agrees  to  give  or  procure,  or  offers  or  promises. 


Definitions. 


310  ELECTION   LAWS 


any  office,  place  or  employiment,  to  or  for  any  elector, 
oi  to  or  for  any  other  person,  in  order  to  induce  such 
elector  to  vote  or  refrain  from  voting,  or  corruptly  does 
any  such  act  as  aforesaid,  on  account  of  any  elector  hav- 
ing voted  or  refrained  from  voting  at  any  election. 

3.  Every  person  w^ho,  directly  or  indirectly,  by  him- 
self or  by  any  other  person  on  his  behalf,  makes  any 
gift,  loan,  offer,  promise,  procurement  or  agreement  as 
atoresaid,  to  or  for  any  person  in  order  to  induce  such 
person  to  procure  or  endeavor  to  procure  the  return  of 
any  person  to  serve  in  the  Legislative  Assembly  or  the 
vote   of  any   elector   at   any   election. 

4.  Every  person  who,  upon  or  in  consequence  of  any 
such  gift,  loan,  offer,  promise,  procurement  or  agreement, 
procures  or  promises,  or  endeavors  to  procure,  the  elec- 
tion of  any  candidate  to  the  Legislative  Assembly,  or 
the   vote   of   any   elector   at   any   election. 

5.  Every  person  who  advances  or  pays,  or  causes  to 
be  paid,  any  money  to,  or  to  the  use  of  any  other  per- 
son, with  the  intent  that  such  money,  or  any  part  thereof, 
shall  be  expended  in  bribery,  or  in  corrupt  practices,  at 
any  election,  or  who  knowingly  pays,  or  causes  to  be 
paid,  any  money  to  any  person  in  discharge  of  repayment 
of  any  money  wholly  or  in  part  expended  in  bribery  or 
corrupt  practices  at  any  election. 

6.  Every  elector  who,  before  or  during  any  election, 
directly  or  indirectly,  by  himself  or  any  other  person  on 
his  behalf,  receives,  agrees  or  contracts  for  any  money, 
gift,  loan,  valuable  consideration,  ofifijce,  place  or  em- 
ployment, for  himself  or  any  other  person,  for  voting 
or  agreeing  to  vote,  or  for  refusing  or  agreeing  to  refrain 
from   voting   at   any   election. 

7^  Every  person  who,  after  any  election,  directly  or 
indirectly,  by  himself  or  by  any  other  person  in  his  be- 
half, receives  any  money,  gift,  loan,  valuable  considera- 
tion, office,  place  of  employment,  for  having  voted  or 
refrained  from;  voting,  or  having  induced  any  other  per- 
son to  vote  or  refrain  from  voting,  at  any  election. 


STATE   OF  MONTANA  311 


8.  Every  perspn,  whether  an  elector  or  otherwise,  who, 
before  or  during  any  election,  directly  or  indirectly,  by 
himself  or  by  any  other  person  in  his  behalf,  makes 
approaches  to  any  candidate  or  agent  or  any  person  rep- 
resenting or  acting  on  'behalf  of  any  candidate  at  such 
election,  and  asks  for,  or  offers  to  agree  or  contract  for, 
any  money,  gift,  loan,  valuable  consideration,  office,  place 
or  employment  for  himself  or  any  other  person,  for  vot- 
ing or  agreeing  to  vote,  or  for  refraining  or  agreeing  to 
refrain    from   voting   at   such    election. 

9.  Every  person,  whether  an  elector  or  otherwise, 
who,  after  an  election,  directly  or  indirectly,  by  himself 
or  by  any  other  person  on  his  behalf,  makes  approaches 
to  any  candidate,  or  any  agent  or  person  representing 
or  acting  on  behalf  of  any  candidate,  and  asks  for  or 
offers  to  receive  any  money,  gift,  loan,  valuable  con- 
sideration, office,  place  or  employment,  for  himself  or 
any  other  person,  for  having  voted  or  refrained  from 
voting,  or  having  induced  any  other  person  to  vote  or 
refrain  from,  voting  at  such  election. 

10.  Every  person  who,  in  order  to  induce  a  person 
to  allow  himself  to  be  nominated  as  a  candidate,  or  to 
refrain  from  becoming  a  candidate,  or  to  withdraw  if 
he  has  so  become,  gives  or  lends  any  money  or  valuable 
consideration  whatever,  or  agrees  to  give  or  lend,  or 
offers  or  promises  any  such  money  or  valuable  considera- 
tion, or  promises  to  procure  or  try  to  procure,  or  tries 
to  procure,  for  such  person  or  for  any  other  person,  any 
money  or  valuable  'Consideration. 

11.  Every  person  who,  for  the  purpose  and  with  the 
intent  in  the  last  preceding  sub-section  mentioned,  gives 
or  procures  any  offiice,  place  of  employment,  or  agrees 
to  give  or  procure  or  offers  or  promises  such  office,  place 
or  employment,  or  endeavors  to  procure,  or  promises  to 
procure  or  to  endeavor  to  procure,  such  office,  place  or 
employment,  to  or  for  such  person  or  any  other  person. 

12.  Every  person  who,  in  consideration  of  any  gift,  loan 
offer,  promise  or  agreement,  as  mentioned  in  the  two  last 
preceding  sub-sections,  allows  himself  to  be  nominated 
or  refuses  to  allow  himself  to  be  nominated  as  a  candidate 
at  an  election,  or  withdraws  if  he  has  been  so  nominated. 


Definitions. 


312 


ELECTION    LAWS 


Misdemeanor. 


Misdemeanor. 


Felony. 


13.  Every  elector,  candidate  for  nomination,  nominee 
or  political  committee  who  shall  pay,  or  offer  to  pay, 
the  fee  for  any  person  who  is  about  to,  or  has  made  his 
declaration  of  intention,  or  has  taken  out,  or  is  about 
to  take  out  his  final  papers  as  a  citizen  of  the  United 
States;  and  every  person  who  receives  any  money  or 
other  valuable  thing  to  pay  such  fee,  or  permits  the  sam.e 
to  be  paid  for  him. 

Sec.  8170.  (Sec.  106.)  Bets  and  Wagers. — Every  per- 
son who  shall  bet  or  wager  any  money  or  property,  or 
other  valuable  thing,  on  the  result  of  any  election  au- 
thorized by  the  constitution  or  laws  of  the  United  States 
or  of  this  State,  or  on  any  vote  to  be  given  at  such 
election,  or  who  shall  knowingly  become  stakeholder  of 
such  bet  or  wager,  shall  be  punished  by  a  fine  not 
less  than  twenty-five  dollars  nor  more  than  one  thousand 
dollars. 

Sec.  8171.  (Sec.  107.)  Treating  on  Election  Day. — 
The  giving  or  causing  to  be  given  to  any  elector  on  the 
day  of  voting,  or  at  any  other  time,  on  account  of  such 
elector  having  voted  or  being  about  to  vote,  or  with 
the  intent  to  influence  his  vote,  any  meat,  drink  or  re- 
freshment, or  any  money  or  ticket  to  enable  such  elector 
to  procure  such  refreshments,  shall  be  deemed  a  mis- 
demeanor; and  whosoever  shall  have  been  guilty  of  such 
unlawful  act  shall  for  each  offense  be  liable  to  a  penalty 
of  not  exceeding  ten  dollars  and  to  imprisonment  for  not 
exceeding  one  month  in  the  county  jail. 

Sec.  8172.  (Sec.  108.)  Undue  Influence. — The  follow- 
ing person  shall  be  deemed  to  be  guilty  of  the  offense 
of  "undue  influence,"  and  shall  be  punishable  accordingly 
by  a  penalty  of  not  less  than  two  hundred  dollars,  nor 
more  than  five  thousand  dollars,  and  by  imprisonment 
for  not  to   exceed   two  years   in   the  penitentiary: 

I.  Every  person  who,  directly  or  indirectly,  by  himself 
or  iby  any  other  .person  on  his  behalf,  makes  use  of,  or 
threatens  to  make  use  of,  any  force,  violence  or  restraint, 
or  inflicts  or  threatens  the  infliction  by  himself  or  by  or 
through  any  other  person,  or  any  injury,  damage,  harm 
or   loss   of   employment,    position,    trade,    influence,    or    in 


Coercing    employes. 


f 
STATE   OF  MONTANA  313 

any   manner   practices    intimidation   upon   or   against   any 
person,  in  order  to  induce  or  compel  such  person  to  regis- 
ter or  vote  or  refrain   from  registering  or  voting,  or  on . 
account  of  such   person   having  voted   or  refrained   from 
voting,  at  any  election. 

2.  Every  person  who,  by  abduction,  duress,  or  any 
fraudulent  device  or  contrivance,  impedes  or  otherwise 
interferes  with  the  free  exercise  of  the  elective  franchise, 
or  thereby  compels,  induces  or  prevails  upon  any  elector 
either  to  give  or  refrain  from  giving  his  vote  at  any 
election. 

Sec.  8173.     (Sec.  109.)     Unlawful  Acts  of  Employers. — 

It  shall  be  unlawful  for  any  employer,  in  paying  his 
emj)loyes  the  salary  or  wages  due  them,  to  enclose  their  misdemeanor.' 
pay  in  *'pay  envelopes"  upon  which  there  is  written  or 
printed  the  name  of  any  candidate  or  political  mottoes, 
devices  or  arguments  containing  threats  or  promise,  ex- 
press or  implied,  calculated  or  intended  to  influence  the 
political  opinions  or  actions  of  such  employes.  Nor  shall 
it  be  lawful  for  an  employer,  within  ninety  days  of 
an  election,  to  put  up  or  otherwise  exhibit  in  his  factory, 
workshop  or  other  establishment  or  place  where  his  work- 
men or  employes  may  be  working,  any  handbill  or  placard 
containing  any  threat  or  promise,  notice  or  information 
that  in  case  any  particular  ticket  or  political  party  or 
organization  or  candidate  shall  be  elected,  work  in  his 
place  or  es)tablishment  will  cease,  in  whole  or  in  part, 
or  shall  be  continued  or  increased,  or  his  place  or  estab- 
lishment be  closed  up,  or  the  salaries  or  wages  of  his 
workmen  or  employes  be  reduced  or  increased,  or  other 
threats  or  promises,  express  or  implied,  intended  or  cal- 
culated to  influence  the  political  opinions  or  actions  of 
his  workmen  or  employes.  This  section  shall  apply  to 
corporations  as  well  as  individuals,  and  any  person  vio- 
lating the  provisions  of  this  section  is  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars, 
and  imprisonment  not  exceeding  six  months  in  the  county 
jail,  and  any  corporation  violating  this  section  shall  be 
punished  by  fine  not  to  exceed  five  thousand  dollars,  or 
forfeit  its  charter,  or  both  such  fine  and  forfeiture. 


314  ELECTION    LAWS 


Sec.  8174.     (Sec.  no.)     Fines  Paid  Into  School  Fund. — 

All  fines  imposed  and  collected  tinder  the  preceding  sec- 
tions shall  be  paid  into  the  county  treasury  for  the  benefit 
of  the  common  schools  of  the  county  in  which  the  offense 
was  committed. 

Sec.  8175.  (Sec.  in.)  Violation  of  Act  Voids  Election. — 

If  it  be  proved  before  any  court  for  the  trial  of  election 
contests  or  petitions  that  any  corrupt  practice  has  been 
committed  by  or  with  the  actual  knowledge  and  consent 
of  any  candidate  at  an  election,  if  he  has  been  elected, 
the  election  shall  be  void,  and  shall  be  so  adjudged. 


Note: — Though  it  is  believed  that  Sections  8147  to 
8175,  above,  have  been  impliedly  repealed  by  the  Corr^ipt 
Practices  Act,  found  preceding  the  title  ''Crimes  Against 
the  Elective  Franchise,"  it  was  deemed  best  to  insert 
ithem,  there  not  being  any  provision  in  said  act  directly 
repealing  them. 


INDEX 


Section.        Page. 
Apportionment  and   Representation. 

Apportionment   and   Representation    133-135 

Ballots  and  Voting. 

How  printed  and  distributed 541  84 

Duty  o^  county  clerk 542  85 

City  clerks  to  act,  when    543  85 

Pasters  to  be  printed  and  distributed    544  85 

Form    of    ballots    545  86 

Number  of  ballots  to  be  provided    546  89 

Clerk  to  deliver,  to  judges    547  89 

Booths  to  be  furnished    548  89 

Secrecy   of   ballot    549  90 

Expenses,    how   paid    550  91 

Delivery   to   elector    551  91 

Method   of  voting    552  91 

Time  allowed  for  voting 553  92 

Spoiled   ballots,    procedure    554  93 

Judges  may  aid  disabled   elector   . . 555  93 

Voting,   when   to   commence    556  93^ 

Manner  of  voting    557  93 

Announcement   of   voter's   name    558  93 

Putting  ballot  in  box    559  94 

Record  that  elector  has  voted 560  94 

List   of  voters    561  94 

Challenges,    grounds    of    562  94 

Challenges,   procedure 563-565        94,95 

Challenges,  how  determined   566, 567        95 

Vote  to  be  rejected,  when   568  95 

Challenges,   sustained,   procedure    56^  96 

Challenges,  list  to  be  kept   570  96 

Wlho  not  entitled  to  vote  571  96 

Canvassing   and   Returning  the  Vote. 

Canvass  to  be  public  572     '        111 

Mode  of  canvassing   573  111 

Ballots  in  excess  of  check  lists   574  112 

What  ballots  to  be  counted    575  112 

Procedure  in  ascertaining  vote  cast    576  112 

Ballots,  how  disposed  of    , 577  113 

Rejected    ballots 578  113 

Retuim    list    579  113 


316  ~       INDEX— ELECTION   LAWS 

Section.  Page. 

Election  returns,  how  made 580  113 

Custody  of  papers  and  returns   581, 582  114 

Delivery  to  county  clerk 583  114 

Filing  of  ballots  and  stubs ,  584  114 

Keeping  returns  pending  contest   585  114 

Disposition  of  returns    ; 586  115 

Duty  of  clerk  to  file  books,  etc 587  115 

Canvass  of  Returns. 

Meeting  of  county  commissioners    588  117 

Absence  of  commissioners,  who  to  act  ,. .  589  117 

Postponement,    when    590  118 

To   be   public    591  118 

Entry  of  result    592  119 

Duties  of  canvassing   board    593  119 

Certificates  issued  to  clerk   594  119 

Returns  for  joint  house  members   595,  596  120 

Duty  of  clerk  receiving  returns    597  120 

State  returns,  how  made   598  120 

How    transmitted    599  121 

State  canvassers,  who  shall  coonprise   600  121 

— Messenger  to  be  sent  for  returns    601  121 

— Governor  to  issue  commission   602  121 

—Tie  vote  on  state  officers   003  121 

— Tie  vote  on  judicial  officers   604  122 

— Tie  vote  on  representatives  in  congress   605  122 

Defect  in  form  of  returns    606  122 

Penialties    608  122 

Cities. 

Proceedings  for  organization  of  3208-3211  185, 186 

Annexation  of  territory    3215  187 

Free  public  libraries    3488-3490  188 

Officers  and  elections    3216-3236  189-194 

Indebtedness,    constitutional   provisions    195 

Submission  to  electors    3454-3455  195 

Bonding  fire   districts    1-10  197-201 

Initiative  and  Referendum  in  Cities  and  Towns — 

Initiative  on  petition  of  voters   3266  203 

—Action  of  city  council 3266  203 

Proposed   ordinance,    if   changed   by   council   suit 

may  be  brought  In  district  court   3266  203 

— Jurisdiction  of  district  court    3266  204 

— Failure  of  council  to  act  within  60  days  to  be 

submitted   to   the  people    ^266  205 

— Action   may  be  brought   by   city   to   test  form 

and    validity 3266  205 

— ^Voted  on  at  regular  election   3267  205 


INDEX— ELECTION    LAWS 


317 


Section.        Page. 

—Special  election  on  petition   • 3267  205 

Ordinance,  not  to  be  effective  until  30  days  after 

passage  by  council   3268  206 

Referendum  by  petition  of  electors   3269  206 

—Election,  general  or  special 3270  206 

—Ballots    3273  207 

— Returns,    canvassing    3273  207 

—Qualifications   of  voters 3274  207 

Registration  book  prima  facie  evidence 3274  207 

Form  of  petitions  and  proceedings  to  conform  to 

state    law     , 3275  208 

Duties  of  city  clerk 3275  208 

City  Clerks — 
Dufties  in   election  matters    (See  under  appropri- 
ate titles). 

Commission  Form  of  Government  for  Cities — 

Any  city   may   adopt    1  210 

Special  election  to  be  ordered    2  210 

Proclamation  of  election    3  210 

Form   of    ballots 4  210 

Duty  of  mayor 5  211 

Officers  to  be  elected   6  211 

Conduct  of  election 7  211 

Effect  of  adoption  of  commission  form 8  211 

Number  of  officers  to  be  elected 9  212 

Vajcan<iies,   how   filled    , 9  212 

Terms  of  officers 10-11  212 

Nomination  of  candidates    , 12  213 

Petition,  forms  of  ballots,   etc 12  213 

Election,   wrongful  acts    13-14  217, 218 

Goveniment  in  wihom   15  218 

Counjcil,    quorum    16  218 

Duties  and  powers  of  mayor   17  219 

Powers   of  <x>uncil 18  219 

Powers   of   mayor 19  220 

Council  >may  discontinue  offices    20  221 

salaries    21  221 

Meetings  of  council 22  222 

Ordinances,  franchises,  etc 23  222 

Officers,  public  contracts   24  222 

Civil    service    , 25  223 

Monthly  financial  statement   26  226 

Appropriations     27  227 

Definitions  of  terms   , 28  227 

Recall  of  officers    i 29  227 

Electors  may  propose  ordinancesi   30  229 

Susi>ending  ordinances    >      31  231 


318  INDEX— ELECTION    LAWS 

Section.        Page. 

Abandonment  of  plan    32             232 

Procedure  for  abandonment 33             233 

Congress,  Members  of. 

Election  for  full  term,  of  senators   C37             125 

Election  to  fill  vacancy    638             125 

Candidates  receiving  highest  number  of  votes  at 

general  election  to  be  elected  senator 131 

Election  for  representative,  when  held   639              131 

Returns,   how   made 640     -        131 

Certificates  issued  by  governor    641             131 

Constitutional  Provisions. 

Apportionment  and  representation    133 

Elector  need  not  do  military  duty  on  election  day.  5                 4 

Elector  privileged  from  arrest  on  election  day...  4                 3 

Elections  to   be  by   ballot    1                 3 

Government  of  counties    141    - 

Indebtedness  of  cities    '  195 

Indebtedness   of  counties    177 

Initiative   and   referendum    251 

.  Judicial   officers    136-139 

Persons  receiving  highest  number  of  votes  to  be 

declared    elected 13                 4 

Registration   law    9                 4 

Removal  of  county  seat    ,  173 

Residence     3                  3 

Wiho  not  deemed  resident  of  state   6                 4 

Who  entitled  to  vote  at  general  elections   2                 3 

Who  not  to  be  elected  or  appointed  to  office 7,  8, 11  4 

Woman's   suffrage 2                 5 

Women  may  hold  what  office   10, 12             4 

Corrupt   Practices. 

Campaign    for    Nomination — 

Limit  of  expenditures    1             264 

What  contributions  by  others  deemed  candidate's.  1             264 
Campaign    literature,    what    it    may    consist    of; 

filling  with  secretary  of  state   2             264 

Condition  precedent  to  secretary  filing  statement.  2              264 

Opposing  statements,  to  be  filed  when   2             265 

Libelous  statements,  civil  and  criminal  liability. . .  2              265 
Campaign    books,    cost    per    page    for    different 

officers 3             265 

— Limit  of  space  for  each  candidate   3             265 

— 'Secretary  of  state  to  compile  and  have  printel.  4             266 

— How  to  be  arranged    4              266 

— Number  to  be  printed  and  when  to  be  delivered.  4             266 


INDEX— ELECTION    LAWS  319 

Section.        Page. 
County  <3lerks   to    mail   to   secretary   names   and 

addresses  of  registered  electors    5  267 

Campaign  book,  s^ecretary  of  state  to  mail  to  each. 

elector 5  267 

—Size   of    5  267 

— Statements  in,  to  contain  authority  therefor. . .  5  267 

Campaign   for    Election — 

Campaign  book,  compilation  and  duties  of  secre- 
tary      6  268 

— Fees  to  be  paid  to  secretary  for  each  printed 

page 7  268 

Limit  of  campaign   expenses    8  269 

What   contributions   of   others   deemed    those   of 

candidate     8  269 

City   Elections — 

Campaign  pamphlet,  payment  per  page,  to  whom.  9  269 

—Who  shall  compile 9  269 

— To  be  mailed  by  city  clerk  to  each  voter 9  269 

To  what  cities  act  not  applicable  9  270 

Definitions  of  terms  used  in  act  10  270 

What  expenditures  excepted   10  271 

Financial    Statement — 

To  be  filed  by  candidate,  with  whom  11  271 

What  statement  to  contain 11  271 

Failure  to  file,  a  misdemeanor 11  272 

County  attorney  to  be  notified  by  whom,  of  failure 

to   file 11  272 

Treasurers  of  committees  and  others  to  file,  with 

vouchers    : 12  272 

Secretary  of  state,  county  clerks,  etc.,  to  examine 

statement  and   notify   person  of   shortcoming. .  14  274 

Who  may  make  complaint  of  incorrectness 14  274 

Failure  to  file,  course  to  be  pursued  by  officers . .  15  274 

— What  court  has  jurisdiction  of  violations  of  act.  16  275 

To  be  preserved  for  what  time  17  275 

Publication  in  annual  report  of  secretary,  county 

and   city   clerks    , , 17  275 

Form  of    54  291 

General   Provisions — 

Books   of   account   of   committees,    etc.,    open   to 

whose  inspection 12  272 

Secretary  of  state  to  mail  copies  of  act,  to  whom.  13  273 

Payment  of  money  in  another's  name  prohibited.  18  276 

Promises  of  appointment  to  office  forbidden 19  276 

Contributions  by  officeholders  prohibited,  ex- 
ceptions   20  276 


320  INDEX— ELECTION    LAWS 

Section.        Page. 
Certain  public  officers  prohibited  from  becoming 

delegates  to  conventions 21  276 

Transfer  of  convention  credentials  prohibited 22  276 

Prevailing  upon  person  not  tx>  become  candidate 

for  consideration,   prohibited    . ., 23  277 

Solicitation  of  contributions  for  certain  purposes 

prohiibited    24  277 

Contribiutions  by  corporations  forbidden 25  277 

Treating,  making  gifts,  etc.,  forbidden  26  278 

Procedure  upon  challenging  of  elector  27  278 

Exercise  of  coercion,  or  undue  influence,  ipunish* 

able 28  279 

Betting  and.  wagering  on  result  of,  unlawful 29  279 

Repeating,  personation,  etc.,  a  felony   30  280 

Who  to  be  deemed  guilty  of 31  280 

What  taken  to  be  evidence  of 31  280 

Paying  persons  for  attending  poll®  imlawful 32  281 

Wearing   of    badges,    buttons,    etc.,    forbidden    at 

polls    , 32  281 

Insertion    in    newspapers    of    what    matter,    pro- 
hibited   33  281 

Paid  political  editorials  forbidden    33  281 

Soliciting  votes  on  election  day  prohibited   34  281 

Circulating  anonymous  bills  unlawful   35  282 

Wihat  constitutes  political  criminal  libel   35  282 

Defense  to  action  for  libel,  what  constitutes   ....  35  282 
Names  of  candidates  not  to  bo  printed  on  ballot 

until    when 36  283 

Vacancies  occasioned  as  above,  how  filled   36  283 

Certificates  withheld  until  statements  filed   36  283 

Person    becoming   candidate   from   unworthiy   mo- 
tive,  injunction 37  283 

Punishiment   for    person    becoming    candidate   for 

venal  purpose   37  283 

Contests — 

Because  of  alleged  corrupt  practices   38  284 

Slight  or  trivial  offenses  not  sufficient  to  deprive 

of  office  38  284 

Removal  from  office  if  guilty 39  284 

When  to  be  icemmenced   40  285 

Petition  to  be  filed,  in  what  county   41  285 

Person  found  guilty  ineligible  to  office  for  what 

time   ,  42  286 

On  ground  of  illegal  votes,  decree  44  286 

Grounds  of   45  286 

On  ground  of  illegal  votes,  when  incumbent  not 

to  be  ousted 46  287 

Illegal  votes,  duty  of  contestant   47  287 


INDEX— ELECTION    LAWS  321 

Section.        Page. 

Con'tents  of  petition   48  288 

Contestant  to  give  bond  48  288 

Costs  recoverable    48  288 

Court  procedure 49  288 

Duty  of  court  to  certify  decree  to  whom  49  288 

Ouster,  to  whom  office  to  be  awarded  49  288 

County   attorney  miust  prosecute,   failure   a   mis- 
demeanor        43  286 

Violation  of  act  by  corporation,  procedure  50  289 

Violations    of    act    not    otherwise    provided     for, 

punishment    51  290 

Court  proceedings  under  act  to  have  precedence. .       52  290 
Violations,  complaint  not  to  be  dismissed  without 

consent  of  county  attorney 52  290 

— Court  proceedings,  imimmunity  of  witnesses 52  290 

— Complaint,  form  of   53  290 

Person  making  false  oath,  guilty  of  .perjury   55  293 

Counties. 

Constitutional  provisions  141 

General  qualifications  for  county  office 2955  142 

Same  for  district  and  township  office    295C  142 

County  officers   enumerated    2957  142 

Township  officers    , 2958  143 

Term  of  office 2960  143 

County  commissioners,  election,  etc 2961  143 

(See  also  New   Couoiities;    County   Seats.) 

County   Bonds. 

Constitutional   provision    5  177 

Duty  of  commissaoners    ^933-2935     177-178 

Form  of  ballots    2936-2938    178,179 

County    Clerks. 

Duty  in  election  matters  (see  appropriate  title). 

County    Commissioners. 

Durt^ies,  as  to  elections   2939-2940     183 

(See  also   under  different  titles  to  wMch  duties 
refer) . 

County   Seats. 

Duty  of  county  commissioners   1  165 

Temporary  county  seat ,  2  166 

E\>rm  of  ballot    2  166 

Petition  to  locate  permanent  county  seat   2  167 

Election,  when  anid  how  to  be  held 3  168 


322  INDEX— ELECTION    LAWS 

Section.        Page, 

Polling  places,  etc 4  168 

Registration    5  168 

Judges  of  election,  etc 6  169 

Conduct  of  election    7  169 

Form  of  ballot   8  169 

Canvass   of   returns 9  170 

Procedure   when   no   place   receives    majority   of 

votes    10  170 

Laws  applicable  to  new   county    11  171 

Locating  permanent  county  seat  12  171 

Removal   of  County   Seat — 

Constitutional    provision    2  173 

Petition    , 2851  173 

Who   are    taxpayers    2852  173 

Election 2852-2854    173, 174 

Publication  of  result    , 2855  174 

No  other  election  within  four  years   2858  175 

Removal  from  time  to  time    : . .   2859  175 

Crimes  Against  Elective   Franchise. 

Violation   of   election    laws    by    certain    officers   a 

felony    8124  296 

Fraudulent  registration  a  felony    '8125  296 

Fraudulent  voting ^ 8126  296 

Attempting  to  vote  without  being  qualified   8127  297 

Procuring  illegal  voting   8128  297 

Changing  ballots   or  altering  returns  by   election 

officers 8129  297 

Judges  unfolding  or  marking  tickets  8130  298 

Fk>rging  or  altering  returns    8131  298 

Adding  to  or  subtrtacting  from  votes  'given  8132  298 

Persons  aiding  and  abetting 8133  298 

Intimidating,  corruipting,   deceiving  or  defrauding 

electors    8134  298 

Offenses  under  the  election  laws 8135  299 

Officers  of  election  not  to  electioneer,  etc 8136  209 

Offenses  at  an   election    8137  299 

P\irnishing  money  for  electors   8138  300 

Unlawful  offer  to  appoint  to  office   8139  301 

Communication   of   same 8140  301 

Bribing  members  of  legislative  cauicu>ses,  etc 8141  301 

Preventing  public  meetings  of  electors  8142  301 

Disturbance  of  poibldc  meetings  of  electors  8143  301 

Betting  on   elections    8144  301 

Violations  of   election   laws    8145  302 

Not  to  sell  liquor  on  election  day   ,  8146  302 

Payment  of  expenses  of  candidate  8147  302 

Unlawful  to  promise  appointmenits   8148  302 


INDEX— ELECTION   LAWS  323 

Section.        Page. 

Wlhat  money  may  be  paid  to  political  committees,  8149  303 

Lawful  expenses  of  candidate 8150  303 

Limitations    of    contributionis    to    political    com- 

imittees 8151  303 

Political  committees   defined   8152  304 

Statement  of  expenses,   by  candidate    8153  304 

Statement  of  disbursements  by  treasurer   8154  305 

Statement  by  other  persons    8155  305 

Indirect  payments  mot  allowed  815<i  306 

Solicitation  of  imoney  prohibited 8157  306 

Statement  of  treasurer  filed  with  county  clerk...  8158  30G 

Power  of  supreme  and  district  courts   8159  307 

Exemption  of  witnesses  from  prosecution   8160  307 

Clerk  may  require  correct  statement  8161  308 

Statement  must,  be  under  oath   8162  308 

Statement  open  to  public  inspection  8163  308 

Secretary  of  state  to  provide  blanks   8164  308 

Clerk  to  receipt  for  statement    8165  .    308 

Vouchers  for  expenses    8166  308 

Scope   of    act    • 8167  309 

Penalties     8168  309 

Bribery     8169  309 

Bets  and  wagers    8170  312 

Treating  on  election  day   8171  312 

Undue  influence   .8172  312 

Unlawful  acts  of  employes  8173  313 

Fines   paid   into   school  funds    8174  314 

Violation  of  act  voids  election  8175  314 

Direct   Primaries. 

Primary — 

Construction   of  act    , 1  32 

Time  for  holding,  preceding  general  elections   . . .         2  33 

Notice  of,  duty  of  county  clerk  '     3  33 

Apiplicable  to  municipal  elections,  when   4  34 

Duty  of  city  clerk  in  city  elections    4  34 

Procedure — 

Counting  of  ballots    5  35 

Ballots,  how  disposed  of  after  count  5  35 

Tally  s'heets,  form  of  6  35 

How  tally  sheets  to  be  kept  6  36 

Preparation  of  certificate  showing  votes  received 

by    candidates    6  37 

Poll  books,  tally  sheets,  etc.,  to  be  sealed  and  re- 
turned to  county  clerk   , 7  37 

Boxes    containing    poll    books,    etc.,    not    to    be 

opened  until  when  7  37 


324  INDEX— ELECTION    LAWS 

Section.         Page, 
Party    naminatioiis    to    be    made    excluisively    as 

directed    in   act    8  38 

Use    of    party    name    -forbidden    to    others    than 

nominees  of  party  8  38 

Petition    for    Nomination — 

Where  to  be  filed   9  38 

Form;   and    contents 10  38 

Of  'Candidates  for  senate  or  house,  to  be  accom- 
panied by  what  statement 10  39 

Signatures  of  electors,  verified  how  10  39 

Percentage  of  electors  who  must  sign  11  41 

— Necessary  in  oase  party  not  reipresented  at  last 

election    11  41 

— In  case  of  county  or  oity  election   11  41 

— In  election  for  state  or  district  officers  11  41 

— In  election  for  office  in  congressional  district. .  11  41 

In  general  elections  whole  number  need  not  ex- 
ceed   what 11  42 

What   signatures  unlawful 11  42 

Unlawful  signatures  not  to  be  counted 11  42 

Persons  who  may  not  sign  or  vote    12  42 

Time  for  filing,   where    13  42 

Secretary  of  state,  county  and  city  clerks  to  keep 

"register  of  candidates'"    14  43 

Register     of     candidates,     what     entries     to     be 

imade    in    14  43 

Register,  poll  books,  etc.,  to  be  public  records...  15  43 

Public  records  to  be  preserved,  how  long   15  43 

Vaclancies,   how   filled 16  44 

Secretary    of    state    to    certify     nominations     to 

county  clerk,   when    17  44 

County  and  city  clerks  to  certify  nominations,  and 

print  sample  and  official  ballots   18  44 

Supplies  to  be  paid  for,  how   19  45 

County  clerks  to  furnish  register  and   check  list 

to  election  judges    19  45 

Form    of    ballot    20  45 

Procedure    wihen    person    nominated    on    several 

tickets 20  45 

Manner  of  voting 20  45 

Numiber   of    ballots,    sample    and    official,    to    be 

furnished 21  46 

United  States  senator,  names  of  candidates  to  be 

placed   on  ballot    22  47 

Return  on  vote  of  United  States  senator,  how  to 

be   made    22  47 

County  clerk  to  make  abstracts,  how   23  47 


INDEX— ELECTION    LAWS  325 

Section.        Page. 

County    clerk    must    certify    nominations;     other 

duties    ..., 23  47 

Procedure  on  tie  vote  for  county  or  precinct  office  23  48 

Compensation   of  judges  and   clerks   of   election; 

how    paid    23  48 

Who  to  be  deemed  nominated 23  48 

County  clerks  to  transmit  coipy  of  extract  to  sec- 
retary of  state   24  48 

Secretary  of  state  m<u!st  canvass  vote,  in  presence 

of  whom   24  48 

Governor   to   grant  certificate   of   nomination,   to 

whom 24  48 

Procedure  on  tie  vote   24  48 

Duty  of  supreme  and   district  courts  in  case  of 

error,  wrong,  etc.,  in  proceedings   25  49 

Secretary  of  state  may  send  for  returns,  when . .  26  50 

County  clerk  may  send  returns  by  telegraph 26  50 

Official  misconduct,   penalty    , 27  50 

Contests — 

— Notice  of,   how   given    , 28  50 

— Service  of  notice;  duty  of  clerk  of  court 29  51 

— Hearing,  when  to  be  had  and  where   29  51 

— For  precinct  office,  procedure   30  51 

Court  procedure,  technicalities  to  be  disregarded, 

judgment 31  51 

Committeemen,  how  elected    32  52 

— Powers,  term  of  office;   vacancies,  how  filled..  32  52 
County   and  city  central  committees,   duties  and 

powers    32  52 

Violation  of  act  by  candidate,  penalty  33  53 

State   central   committee   and   certain   candidates 

to  formulate  platform    34  53 

Offering  or  accepting  bribe  in  matters  pertaining 

to,  a  misdemeanor    . ., 35  54 

Offenses  punishable  under  act  36  54 

Forging  names  to  petitions,  penalty   37  54 

Suppressing  or  failure  to  file  nomination  papers, 

a  misdemeanor   , 37  54 

Provisions    of    general    election    laws    applicable 

to  act    38  55 

Electors  of  President  and  Vice  President. 

When    chosen 626  123 

Returns,  how  made    627  123 

Duty  of   governor 628  123 

Meeting  of  electors    629  123 

Vacancies,  how  filled   630  123 

Voting,  procedure    631  124 


326  INDEX— ELECTION    LAWS 

Section.        Page. 

Separate  ballots  fori  president  and  vice  president.  632  124 

Lists  of  persons  voted  for   633  124 

Results,    how    transmitted    634  124 

Compensiation   of    : . .  635  124 

Expenses,  how  audited    636  124 

Initiative  and  Referendum. 

Aimendment   to    constitution    251 

Form   of    petition    106, 107     253, 254 

Duty  of  clerk 108  255 

Notice  to  governor  and  proclamation    109  257 

Duty  of  secretary  of   state 110  257 

Manner  of  voting    Ill  258 

Printing  and  distribution  of  measures    112  258 

Canvass   of  votes    , 113  260 

Penalties 114  260 

Bills  effective,  when 115  261 

Initiative   and   Referendum  in  Cities. 

(See   under   title   "Cities.") 

Judges  of  Election. 

How  appointed    > 500  71 

Number  appointed   501, 502        71 

Selection  from  political   parties    503  72 

Notice  of  appointment 504  72 

To  choose    clerks    505  72 

Notice  of  election,  duty  of  clerk  506  72 

Notice  to  be  posted  by  judges   507  73 

Oath  of  judges  and  clerks 508  73 

May  ladminisiter  oaths    509  73 

Ballot    boxes    510  73 

Construction  of  ballot  boxes,   etc.    511,512      73,74 

Printed  instructions   to   electors    513  74 

Opening  and  closing  of  polls    514-516         75 

(As  to  other  duties,  see  under  appropriate  title.) 

Judicial  Districts. 

(Judicial  district   136 

Judicial  Officers. 

Constitutional   provisions    136-137 

Supreme   Court,   Justices — 

Supreme    court   justices    6244  137 

Term  of  office  62^^  138 

Vacancies    6246  138 


INDEX— ELECTION   LAWS  327 

Section.        Page. 
Judges    of    District    Court — 

Constitutional   provisions 138 

Number  of   , s 6264  139 

Term  of  office    6267  139 

Computation  of  years  in  office  6268  139 

Vaoancies    6269  139 

Justices  of  the    Peace — 

Constitutional   provision 139 

Number  osf    , 6282  139 

Term  of  office    6283  140 

Vacancies 6284  140    - 

Local  Option. 

Election,  notice,  regulations    . ., 2041-2043     181 

Form  of  ballots 2043  181 

Election,    how    held    , 2044  182 

Result  of  election    2045-2047     182 

Election,  not  more  than  once  in  two  years 2046  182 

Violation,  penalty    2048  182 

Contest  of   election    2049  182 

Miscellaneous  Provisions. 

Convention  and  primary  meeting  defined    521  77 

Nomination  certificates,  contents  522  77 

Certificates,  where  filed    523  78 

Nominations,  otherwise   made 524  78 

Certificates,  what  not  to  contain   525  78 

Certificates  to  be  preserved    526  79 

Certificates  to  be  filed,   when   527  79 

Duty  of  secretary  of  state  528  79 

Candidates   may  decline   529  79 

Vacancies,   how   filled 530  80 

Conistitutional  amendments,  submission   531  80 

Errors,  how  corrected   532  81 

New   Counties. 

Manner  of  creation  of,  property  valuation  pre- 
scribed      1  145 

Line   of   now  county  to   be   what   distance   from 

coun^ty  seat  of  old  county   . ., 1  145 

Number  of  square  miles  to  remain  in  old  county.  1  146 

Petitioners  must  file  bond,  oonditions  of  . .» 2  146 

What    board    of   county    commissioners    to    ihave 

jurisdiction  of  proceedings   2  14^ 

Duty  of  officers  of  various  counties  to  comply 
with   orders    of    county    commissioners    having 

jurisdiction    ,  2  146 


328  INDEX— ELECTION    LAWS 

Section.        Page. 
Petition    for    Creation — 
To  be   presented   to   what  board  of  county   com- 
missioners   2  146 

Number  of  signatures  required    2  146 

When  to  be  formed  from  two  or  more  counties, 

separate  petitions  required  from  each    2  146 

Signatures  may  appear  on  separate  sheets  2  146 

Must  contain,  what    2  146 

To  be  accompanied  by  certain  afCdavits  2  146 

Prima  facie  evidence  of  truth  of  matters  stated . .  2  146 

Hearing — 

Board  must  fix   date   2  148 

Publication  of  notice,  in  newspaper  located  where.        2  148 

Board  may  adjourn  hearing,  not  exceeding  what 

time    ,...., 2  150 

Objections  to  be  filed,  when,  otherwise  not  to  be 

heard ,. .         2  150 

After  hearing,  board  must  determine  what  2  151 

Petition   to  be   excluded   from  new  county,   duty 

of    commissioners 2  151 

Not  to  be  created   if  territory   excluded   reduces 

new  county  below  requisites  prescribed  by  act.         2  151 

Duties  of  board  of  commissioners  if  determination 

favorable  to  creation  of  county    3  151 

Election — 

Board  must  call,  within  what  time   3  151 

Who  may  vote  at   3  151 

Proclamation  and  notice  of,  (publication  and 
contents     3  153 

To  be  made  aufd  given  by  what  board  of  com- 
missioners          3  153 

Duty  of  county  derks  as  to  registration  books,  etc.        3  154 

If  proposition  carries,  duty  of  board  of  commis- 
sioners and  clerk  in  premises   4  155 

If  proposition  falls,  what  course  to  be  pursued  by 
commissioners    4  156 

Officers  elect  shall  hold  office  until  when 4  156 

County    Seat — 

Mlajority  shall  determine   3  153 

Failure    to   select,    what   place   to    be   temporary 

•county  seat    i. ., 3  154 

Failure  to  select,  question  to  be  resubmitted   3  154 

After  selection  as  provided,  not  to  be  thereafter 
changed   3  154 

Officers — 
What  officers   to  be  chosen 5  156 


INDEX— ELECTION   LAWS  329 

Section.        Page. 
Justices  aiid  constables  residing  in  proposed  new 

county  to  continue  in  office   5  156 

School  trustees  residing  in  new  county  at  time 

of  creation  to  continue  in  office   5  157 

Manner  of  taking  office,  compensation,  etc 5  157 

Indebtedness — 

How   to  be  apportioned    6  157 

Governor    to    appoint   commissioners    for    adjust^ 

ment   of    6  157 

Commissioners    to    Organize    and    employ    clerk, 

what  constitutes  quorum   6  157 

Commissioners  have  power  to  compel  attendance 

of   witnesses    6  158 

Sheriff  to  execute  orders  of  commissioners 6  158 

Compensation  and  mileage  of  witnesses 6  158 

How  to  be  adjusted  by  commissioners   7  158 

Due  by  new  county,  how  to  be  paid  7  159 

Compensation   of   commissioners   and   clerk,   how 

paid 8  160 

Manner  of   adjustment    7  160 

Taxes  may  be  levied  to  pay  indebtedness  of  new 

to  old  county    7  160 

Payment  of,  by  new  to  old  county,  may  be  made 

in   installments,   how    7  160 

What  amount  to  be  paid  by  old  to  new  county, 

and  when   7  160 

Taxation — 

Indebtedness  of  new  county  to  be  raised  by 9  161 

Duty  of  new  and  old  counties  with  reference  to. .        9  161 

Copies  of  assessment  to  be  delivered  by  old 
county  to  new    9  161 

Proceedings  had  in  old  county  relative  to,  deemed 
original   in  new   county 9  161 

Division  of  school  and  road  funds,  how  made 10  161 

Posting  of  notices  equivalent  of  publication  in 
newspaper,    when    13  163 

To  be  attached  to  judicial  district  named  by 
governor    .  .> , 5  157 

Real  actions  to  be  transferred  from  old  coimty  to 

new,  when    i 12  162 

Representation  in  senate  and  house  of  representa- 
tives     , 14  163 

Transcribing  of  records,  duty  of  county  com- 
missioners of  new  county   ..,. 11  162 

Violation  of  provisions  of  act  by  county  officials 

a    misdemeanor 15  163 


330  INDEX— ELECTION    LAWS 

Section.        Page. 

Preferential  Primaries  for  President  and  Vice  President. 

When  to  be  held  and  what  laws  to  govern   1  61 

How  electors  to  in^dicate  choice   2  61 

Form  of  ballot   2  61 

How  votes  to  be  counted,  canvassed  and  returned  2  61 
Delegates    to    national    conventions    to    be    nomi- 
nated at    3  62 

Governor's    certificate    of    election    of    delegates, 

to   show   what    3  62 

Nominating  petition  for  delegate,  to  contain  what 

number  of  signatures    3  62 

Number  of  delegates  to  be  voted  for 3  62 

Number  of  presidential  electors  to  be  nominated.  6  62 
Delegates    to    receive    traveling    expenses    from 

state   treasurer,   limit  of 4  63 

Election  of  delegates  to  be  certified,  ihow   4  63 

Delegates  must  take  oath  of  office 4  63 

Campaign  bookis,   right  of   parties   to  number  of 

pages    in 5  63 

— Limit  of  space  for  each  candidate    6  64 

— Charge  per  page 5.  6  63,  64 

— Oanddiates    for    president    and    vice    president 

not  to  be  charged  for  space   6  64 

Primary  Elections. 

Challenges 537  58 

Clerk     536  58 

Fraudulent  voting  or  counting    538  58 

Judges    535  57 

Oath    i. .  537  58 

Qualification  of  voter  at  533  57 

Unlawful   interference    539  59 

Violation  of  act,  penalties   540  59 

Who   qualified   to   vote    534  57 

Registration  of   Electors. 

Necessary  to   right  to  vote    1  28 

County  clerk  ex-officio  county  registrar    1  8 

County  commissioners  to  establish  election  pre- 
cincts     ,. .  2  8 

County    oommis'sioners    or    school    trustees    may 

change  boundaries  of  precincts,  when 3  8 

Precincts  to  be  numbered   3  8 

City  council  may  lalter  ward  boundaries,  when. .  4  8 

City  clerk  must   certify   to   county   clerk  change 

in  ward  boundaries    4  8 

County    surveyor    to    prepare    map    of    changedi 


INDEX— ELECTION    LAWS  331 

Section.        Page. 

precinct    5  9 

Cities  to  furnisii  maps  of  wards  after  alteration.         6  9 

County  clerk  to  keep   precinct  registers    7  9 

During   what   hours    7  9 

One   registration   sufficient,   unless   not   voting  at 

general    election 7  9 

Close  of  registration,  <iuty  of  clerk    7  10 

Issuance  of  certificate,  form   of    7  10 

Books  to   be   provided,   form  of    8  11 

Precinct  land   ward  registers,  form  of   9  11 

Precinct  registers,  what  to  contain    10  12 

Refusal    to    answer    questions,    clerk    need    not 

register    10  12 

Oath  to  be  subscribed  by  persons  registering 11  12 

"Wlhen  elector  entitled  to  registration    12  14 

Foreigners,   procedure  when   registering    . ., 12  14 

Affidavits    signed    by    electors,    disposition,    and 

proof  of  what   13  14 

Alpthabetical     larramgement     and     numbering     of 

names    in    registers    14  14 

Where  electors  to  be  registered 15  15 

Duty    of    justices    and    notaries     in     registering 

electors 15  15 

Compensation  of  justices '  and  notaries   16  15 

Transmission  of  registration  by  notaries  and  jus- 
tices, manner  of 16  15 

Elector    may    have    registration    cancelled,    when 

and  how    17  16 

Duty  of  clerk  on  cancellation    17  17 

Re-registration  after  cancellation,  manner  of....  17  17 
Elector    moving    from    one    county    to    another, 

transfer    17  17 

When    electors    must    personally    appear    before 

clerk    > 18  18 

Transfer  procedure,   duty  of  Cicrk    17  17 

Clerks  to  send  certificate  to  secretary  of  state..  la  18 
Close,   clerk   to   send   certificate    to   secretary   of 

state    18  18 

Books    close   for   one    election,    to    remain    open 

for  others 18  18 

Posting  and  publication  of  notice  of  closing  of..  18  19 

Clerk  to  cancel  names,  when   19  19 

Manner   of   cancellation 19  19 

Challenges,  filing  of,  when;  to  be  entered  where.  20  20 

— Duty  of  judges  of  election  on  challenges  20  20 

Residence — 

How   determined    , 21  21 

Persons  in  service  of  United  States,  students,  etc.  21,  2  21 


332  INDEX— ELECTION    LAWS 

Seotion.  Page. 

Persons  in  United  States  navy  and  army   21, 3  21 

Leaving  home  temporarily,   temporary  residence .  21,  4,  5  22 

Loss  of,  by  removal  from  state,  when   21,  7,  8  22 

Presuimed   residence,   where   family   resides 21, 8  22 

One  residence  only;    change,  how  made    21,9  22 

Term  of,  how  computed   21, 10  22 

Persons  on  Indian  or  military  reservations   21, 11  22 

General    Provisions — 

Forigners,  naturalization  papers  to  be  produced.  .22  23 

— Lost  papers,  how  proved 22  23 

— Naturalization    papers,    when    re-exhiibltion    not 

required    , 22,3  23 

Manner    of    preparation    of    precinct    books    by 

clerk    23  23 

Clerk  to  print  list  of  electors,  posting  and  fur- 
nishing of   copies    , 24  23 

County  clerk  to  furnish  lists  to  city  clerk  25  24 

Clerk  to  furnish  list  to  clerk  of  school  district. .  25  24 

Certified  list  of  electors  to  be  furnished  judges 

of  election 25  24 

Judges   of   Election — 

— To  mark  cross  opposite  name  26  25 

— Elector  to  sign  precinct  register  before  voting.  26  25 

— Elector  unable  to  write,  procedure   26  25 

— Transmittal    of    election    return®,    books,    etc., 

within  wihat  time    26  25 

General    Provisions — 

Clerk  shall  mark   elector  as   voted,   within  what 

time   27  26 

Clerk  to  copy   names   into   precinct  registers 28  26 

When  precinct  registers  to  be  closed  to  registrar 

tions    28  26 

What    shall    constitute    official     registers     after 

January,   1915    ,. .  28  26 

County  clerk  to  receive  what  fee  from  cities  and 

school  districts  for  service   29  27 

Clerk  may  furnish  copies  of  lists  to  applicants, 

fee  for   same 30  27 

County  clerk   to   procure   registers    for  city   and 

school  districts  at  their  expense,  when    31  27 

Proceeding  to  compel  registration   32  27 

Special  elections,  new  registration  not  required.  .33  27 

Duty  of  county  clerk  in  special  elections  34  28 

Elector  cannot  vote  if  not  registered    35    .  28 

When  voter  to  prove  identity 35  28 

Powers  of  deputy  county  clerks . .  36  29 


INDEX— ELECTION   LAWS  333 

Section.        Page. 

Failure  of  officers  to  perforin  duties,  penalty;  con- 
viction,  effect    37  29 

Judges  to  administer  oath  to  voter  at  primary 
election,  when  38  29 

Offering  to  vote  at  different  polling  p'laces,  mis- 
demeanor, when 38  29 

Violations  of  act,  penalties;   felonies   39  30 

County  commissioners  must  supply  clerk  with 
sufficient   help    40  30 

Women,   names  of   not   to   be  registered   when. .       41  30 

Bond  elections,  to  apply  to,  in  first  and  second 
class   school   districts    42  30 

Residence. 

How   determined    3,  21,  68 

School   Elections. 

Of   school   trustees    500-502  235-241 

Consolidation   of   school   districts    407  241 

School  house  sites    1600  242 

County  high    schools ' . . .   2100-2115  243-247 

Free  text  books 1811-1812  248 

School  district   bonds    2015-2016  249 

United    States    Senators — Nomination. 

Arrangement  of  names  upon  the  ballot   4  128 

Ballots  shall  contain  .names  of  candidates   4  128 

Names     of     candidates     nominated     by     petition 

placed   upon  ballot    6  128 

Proclamation  of  governor,  to  contain  what  2  128 

Votes  shall  be  canvassed,  certified  and  trans- 
mitted,   how     5  128 

Nomination  of  candidates  by  a  petition   6  128 

Nomination   of   by  political   party 1  127 

Secretary  of  state,   duty  of    1  127 

Candidates    may    sign    and    record    what    verified 

statements     8  129 

Certification    of    nomination    1  127 

County  clerk  to  prepare  and  publish  certificate 
showing     statement     which     candidates      have 

signed 9  130 

Duty  of  governor  in  certifying  vote  to  legislature.  7  129 

Electors  shall  have  the  right  to  vote  for  3  128 

Voting  Machines, 

State  board  of  voting  machine  commissioners 609  97 

Duties     , 609  97 

Employment  of  qualified  mechanics  to  assist 
board     609  97 


334  INDEX— ELECTION    LAWS 

Secition.        Page. 

Report  of   board 609  97 

List  of  approved  maehinies  to  be  sent  to  city  and 

county    officers 609  98 

Expenses  of  examination,  how  paid 609  98 

Specifications    for 610  98 

Counties  and   cities   to  use    611  99 

Payment,   how   provided   for    612  99 

Consolidation   of    precincts     611  99 

Election  room,   arrangement    613  100 

Voting,    how    conducted     613  100 

Assistance  to  elector  unable  to  record  his  vote..  614  101 

Deceiving  an   elector,   penalty    614  101 

Instructions   to   voters    615  101 

Ballots     615  101 

—Sample 615  101 

—Publication  of   615  101 

Machines,    to    be    prepared    by    city    and    county 

clerks 616  104 

— Judges  to  see  they  are  in  perfect  order  616  104 

— To   be   sealed  or  locked 619  105 

— Tamipering  with  or  injuring,  a  felony   622  107 

— Experimental    use    . ., 625  108 

— When  unworkable  or  unfit  for  use    625  108 

Counting  the    votes    i. .  618  105 

Election  return  blanks    619  105 

^  Certificates  of  judges  of  election    619  105 

False    returns   or  certificates   by    judge   or    clerk 

of  election,  a  felony    , 624  108 

Failure  of  judge  of  election  to  perform  his  duty, 

a    felony    623  108 

Election  laws  of  this  state  applicaole  620  107 


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VC  08602 


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